S.J. Hyder

1. IN a case of theft the Station Officer Incharge police station It was seized a truck bearing No. U.P.K. 1240. After investigation he submitted a final report and in consequence the case was dropped.

2. NIAZ Ahmad Opposite Party 1 and Haqiqullah applicant made two separate applications by means of which each of them claimed that the truck may be restored to his possession.

The Magistrate after hearing the parties and on a perusal of the evidence produced by the parties passed an order dated 8th August 1977 directing that the truck shall be restored to the possession of Haqiqullah. Niaz Ahmad Opp. party feeling aggrieved by the said order preferred an appeal under Section 454 of the Code of Criminal Procedure Act 2 of 1974 before the Sessions Judge Niaz Ahmad Opposite Party applied for permission to file additional evidence and the said request was allowed by the court of appeal. On a consideration of the additional evidence produced before it the Court of appeal set aside the order of the Magistrate dated August 8, 1977. The Court of appeal directed that the truck shall be restored to the possession of Niaz Ahmad. Haqiqullah has preferred this revision against t