Lahore: Lahore High Court (LHC) has maintained no property can be declared case property merely on police claim.

The court approved the plea of the petitioner regarding superdari of 3 buffalos, one cow and one ox and Rs 3 lac.

Justice Tariq Mehmood Bajwa of LHC while releasing 8-page decision on petition of Nisar Ahmad nullified the trial court decision on not allowing superdari.

It has been said in the decision that a case of embezzlement of 1024 gunny bags was registered against the petitioner.

The petitioner was of the view that the investigation officer took into custody his cow , buffaloes and cash amount.

Police claimed that the petitioner sold out the allegedly embezzled wheat and purchased these cattle. Therefore they are case property.

The court maintained any property cannot be declared case property merely on police claim during investigation. Solid, reliable and acceptable evidence are essential to prove any property as income of crime.

It is mandate of court to decide about superdari and not of investigation officer.

It was further said in the decision that the confessional statement given by 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 nor it was proved that the wheat was sold out against what amount and cattle were purchased out of this amount.

The court maintained no reliable material is available to prove cattle and cash amount as income out of crime.

Therefore the property cannot be declared case property on the basis of statement of the co-accused before police.

The court maintained the basic satisfaction is essential on the basis of evidence available at the time of superdari. The trial court did not make correct review of the facts.

The court ordered that the petitioner can take back his cattle by filing surety bonds worth Rs 30 lac.