IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Revision Application No. 24
of 2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
Present: Mr.
Justice Naimatullah Phulpoto
Mr.
Justice Amjad Ali Sahito
1. For orders on office
objection at A
2. For hearing of main
case
21.12.2023
Mr.
Shoukat Hayat advocate for the applicant
Kazi
Abdul Hameed Siddiqui DAG
DSP
Fareed Khan and Inspector Amir Junejo FIA, CBC
-.-.-.-.-.-.-.-.
NAIMATULLAH
PHULPOTO, J.- Through this Criminal
Revision Application, applicant Haresh Kumar has called in question order dated
10.06.2021 passed by learned Presiding officer, Special Court (Offences in
Banks) Sindh at Karachi, whereby application under Section 516-A read with
Section 523 Cr.P.C filed by the applicant for release of vehicle was dismissed.
2. Notice
of this application was issued to the DAG. I.O is present in Court.
3. Mr.
Shoukat Hayat advocate for the applicant submits that vehicle bearing
Registration No.BJS-488 was seized by FIA from the possession of accused
Mahindar Kumar, but admittedly it is in the name of applicant Haresh Kumar and said
vehicle is no more required for investigation.
4. DAG
opposed the instant Revision Application. I.O submits that vehicle in question
is no more required in FIR No. 04/2020 for offences under Sections 420/468/109
PPC read with Section 3/4 AML Act 2010 registered at P.S FIA, CBC Karachi.
5. We
have perused the impugned order, trial Court has failed to assign any cogent reason
for dismissal of application for release of vehicle. Admittedly, said vehicle
is in the name of Haresh Kumar. Verification report also shows that said
vehicle is in the name of applicant. According to I.O, the vehicle is no more
required for investigation. No one has come forward to claim the said vehicle,
thus, no useful purpose will be served if vehicle is allowed to remain parked
at PS unattended. Prima facie, applicant is entitled for it’s return. In the
view of above facts and circumstances, this Criminal Revision Application is
allowed and the custody of vehicle bearing Registration No. BJS-488 is restored
to the applicant Haresh Kumar on superdari
subject to his furnishing solvent surety in the sum of Rupees One Million
and P.R bond in the like amount to the satisfaction of trial Court. The
applicant is directed not to sell or alter or change its colour during pendency
of the trial and produce the vehicle before the trial Court, if and when
desired.
JUDGE
JUDGE