MANZOOR HUSSAIN vs THE STATE

ORDER

1. ' KHAWAJA NAVEED AHMED, J.---Manzoor Hussain has filed this Criminal Revision Application through Mr. Fayaz Ahmed Sammor, Advocate, against the order, dated 8-3-2008 of the learned District and Sessions Judge, Karachi West, on an application moved under section 516-A, Cr.P.C. For release of the vehicles bearing registration No.TKB-800 and ZB-931, held up by the police in case F.I.R. No.49 of 2008, lodged at Police Station S.I.T.E., Karachi, under section 395, P . P. C .

2. ' The learned counsel for the applicant contends that the learned trial Court has wrongly observed in the impugned order that the owner has not cooperated with the police and has not supplied names and addresses of the drivers of the vehicles. The learned counsel further states that vide Roznamcha Entry No.59, dated 1-3-2008 of Police Station S.I.T.E. The applicant has supplied names and addresses of the drivers. On the other hand, the learned A.A.-G, Mr. Arshad Lodhi, has strongly opposed this application and states there is no mention of the addresses in the Roznamcha entry referred to by the learned counsel for the applicant in his arguments. The learned A.A.-G further states that truck is the case property. He further states that the accused persons are absconding and the vehicles are the material piece of evidence in the hands of the prosecution and if the same are released the prosecution case will be hampered.

3. ' I have heard both the learned counsel and have perused the record as well as the Roznamcha entry, mentioned above, I have also perused the order of the learned District and Sessions Judge, Karachi West. The impugned order is a speaking one and does not need any interference. I hereby uphold the impugned order of the learned Sessions Judge and dismiss this Criminal Revision Application. However, it will be open for the applicant to move fresh application before the learned trial Court as has been observed by the learned Sessions Judge in his order.