MANZOOR AHMED WANI Vs. STATE OF JAMMU AND KASHMIR
LAWS(J&K)-2006-3-5
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 22,2006

MANZOOR AHMED WANI Appellant
VERSUS
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

- (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 petition.;


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