1. ABDUL KADIR SHAIKH, J.--These two petitions arise out of a theft case of motor-car Piers Arrow, Model 1932, bearing No, 3500084 which, according to prosecution case, belongs to Khan of Kalat.
2. The dispute between the parties has come up before us out of proceedings which relate to the question of interim custody of the motor-car pending final disposal of the criminal case in this regard. By the impugned judgment of the High Court, the case was remanded to the Sessions Judge, Mastung to adjudicate upon the question of interim custody of the motor-car after giving reasonable opportunity of hearing to all concerned. Since in the meantime, the learned Sessions Judge, Kalat has passed the order dated 29-4-1989 pursuant to impugned order of the High Court, both these petitions have been admittedly rendered infructuous and are to be dismissed, but the learned counsel for the petitioner submits that ever since the registration of the case the motor- car is lying at the Police Station, and due to exposure to severe weather conditions it is liable to deterioration. He therefore prays that a direction may be issued to the trial Court for arranging a proper custody of the motor-car.
3. Since the petitions are being dismissed as having become infructuous, we would not like to pass any direction as prayed for. However, the fears expressed by the learned counsel with regard to the proper care and maintenance of the motor-car during the police custody may well be legitimate.
4. We therefore clarify that it is open to petitioner to apply to the learned Sessions Judge for such orders as may be deemed fit and necessary for obviating deterioration of the motor-car which is said to have been used by the Quaid-e-Azam Mohammad Ali Jinnah in 1942 and thus has a special value.