LAHORE: The Lahore High Court (LHC) has ruled that no property can be declared case property merely on police claim.
The court approved the plea of a petitioner regarding Sapurdari of three buffaloes, one cow and one ox and Rs 3 lacs. Justice Tariq Mehmood Bajwa, releasing an 8-page decision on the petition of Nisar Ahmad, nullified a trial court decision on not allowing Sapurdari. It had been said in the decision that a case of embezzlement of 1,024 gunny bags was registered against the petitioner. The petitioner said the investigation officer took into custody his cow, three buffaloes and cash. Police claimed that the petitioner sold out the allegedly embezzled wheat and purchased the cattle. Therefore, they are case property.
The court maintained that any property could not be declared case property merely on the police claim during investigation. Reliable and acceptable evidence is essential to prove any property as income of crime. It is the court s mandate to decide Sapurdari and not of the investigation officer. It was further said in the decision that the confessional statement given by the co-accused before police is not acceptable evidence legally. No such evidence is available on the record that the allegedly embezzled wheat was sold out. The court said basic satisfaction was essential on the basis of evidence available at the time of Sapurdari. The trial court did not make correct review of facts. The court ordered that the petitioner could take back his cattle by filing surety bonds worth Rs 30 lacs.
