Law:

Section:

Criminal Procedure Code (V or 1898)--- ----S. 517---Control of Narcotic Substances Act (XXV of 1997), Ss.32 & 33---Disposal of the Vehicle connected with the commission of the offence of narcotics---Trial Court after conviction of the accused had directed the Truck used in the transportation of the narcotics to be confiscated to the State---Before passing the said order Trial Court had not given any notice to the owner of the Truck as to why the same be not confiscated---Applicant claiming himself to be the owner of the Truck had been verified to be its owner by the concerned Authority---Proviso to subsection (2) of S.32 of the Control of Narcotic Substances Act, 1997, permitted confiscation of the vehicle only when it was proved that its owner had the knowledge that the offence was being committed---Such point had to be determined in accordance with law after issuing a notice to the owner of the vehicle which was never issued in the case--­Impugned order being violative of the provisions of Ss.32 & 33 of the said Act was set aside and the matter was remanded to the Trial Court for fresh decision regarding the disposal of the said truck in accordance with law. ORDER WAHID BUX BROHI, J.---Applicant has called in question the property. order passed by learned 1st Additional Sessions Judge/Judge, C. N. S. Court, Jacobabad on 31-5-2003, which runs as under:-- "The property viz. 40 kilogram of Charas and 14.650 Kilogram of Opium be destroyed in accordance with law after expiry of appeal period and one licence in the name of accused and his NIC be returned to him after appeal period is over, whereas cash of Rs.200 is confiscated to Government Treasure. In the case in hand, it has been established that truck No.QAD-4031 Chassis No.13517, Model 1986 Hino was used in the transportation of the narcotics and its owner had due notice as the owner applied for its restoration and his application was rejected, as such the truck is confiscated to the Government and it shall put in open auction and its sale proceeds be deposited with the Government treasury after the appeal period is over. 20 bags of Daal Mash which was also loaded in the truck be restored to its owner…

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