MANZOOR AHMED WANI Vs. STATE OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
MANZOOR AHMED WANI
STATE OF JAMMU AND KASHMIR
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(1.) Manzoor Ahmed Wani, petitioner, seeks quashing of order
dated 24-5-2005 of learned Additional Sessions Judge,
Ramban, whereby he has directed the police to take possession of vehicle No. 4456 /
DL6CK during the currency of proceedings
titled 'State v. Manzoor Ahmed' under Ss.
379, 467, 468, 471 & 429, RPC before him,
after cancelling the Supurdari of the petitioner, who was allowed to retain it in terms
of his earlier order dated 14-8-2003.
(2.) Sh. O. P. Thakur, learned counsel for
petitioner, submits that the order impugned
in the petition amounts to review of order
dated 14-8-2003, which course was impermissible. He further submits that learned
Sessions Judge had invoked jurisdiction
under Section 517 of the Code of Criminal
Procedure, which provision was not attracted in the facts and circumstances of
the case because power under Section 517,
Cr. P. C. could be exercised only at the time
the trial is concluded.
(3.) Sh. B. S. Salathia, learned Addl. Advocate General appearing for the State has
on the other hand submitted that the order
passed by the learned Additional Sessions
Judge, Ramban, does not suffer from any
error of law and has been passed in the Interests of Justice and to ensure that no
prejudice is caused to the prosecution during the
trial of the case. Sh. Salathia submits that
the petitioner has been proved to be involved
in the case, in which the vehicle was seized
and if the vehicle continues to remain with
the petitioner, this would result in permitting the accused to destroy the evidence,
which the vehicle would furnish against the
petitioner. Sh. Salathia further submits that
the order passed by the learned Additional
Sessions Judge, Ramban, does not result
in miscarriage of justice. It, on the other
hand, has been passed to protect the interests of justice. He prays for rejection of the
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