1. ' WAJIHUDDIN AHMED, J.---The facts of the case need not be restated as the same are duly detailed in the impugned order of the High Court dated 29-5-1998 in Criminal Revision No,14 of 1998. In short an application under section 516-A of the Code 'of Criminal Procedure, filed by the petitioner before the learned Special Judge Anti-Corruption (Provincial) Karachi, was allowed and custody of the mini bus in dispute was made over to him. A similar application of respondent Ghulam Hyder was declined. The High Court, in turn, allowed the above criminal revision application and directed the mini bus to be handed over to Ghulam Hyder, aforesaid, subject to his depositing a sum of Rs,250,000 with the Nazir of the High Court by way of security, the custody to be governed by the ultimate orders of the competent civil Court.
2. Hearing the learned counsel, we are of the view that no exception can be taken to the impugned order of the High Court, inasmuch as the recovery of the omni bus was made from the driver of Ghulam Hyder and besides, the name of Ghulam Hyder was also found mutated in the relevant Excise and Taxation record. As to whether such mutation had resulted upon fraud being practised by illegally filling up the blanks in the transfer papers etc. Are questions which must await due determination at the level of the civil Court. At the same time, however, we are of the view that the security taken by the High Court is, in all probability, insufficient. Accordingly, the High Court order is modified so as to add a further condition to the same, namely, that apart from the aforesaid cash deposit, respondent Ghulam Hyder would also be required to furnish security to the satisfaction of the Nazir of the High Court in the sum of Rs,150,000, the total such security of Rs,400,000 abiding by the final order of the civil Court concerned. To this extent, the petition, being converted into an appeal, is allowed but with no order as to costs.