Law:

Section:

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 33(2), 32 & 9(c)--Conviction and sentence--Challenge to--Power to confiscate a vehicle--No vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof knew that the offence was being, or was to be, committed--Held: It is true that the power to confiscate a vehicle is laid down in the aforesaid subsection (2) of the C.N.S. Act but trial Court while passing the impugned order has wholly ignored the proviso--Further held: The above proviso permits confiscation of the vehicle only when it is proved that the owner has knowledge that the offence was being committed and at least a notice in this respect has to be issued to the owner--It cannot be said that the requirement of S. 32 or 33 have been followed and observed in this case--Illegality committed by trial Court--Appeal accepted. THIS JUDGMENT DELIVERED BY: GHULAM MUSTAFA MENGAL, JUSTICE---.--- Ghulam Mustafa Mengal, J.--This Criminal appeal is directed against the judgment dated 26-2-2008 passed by learned Special Judge, Control of Narcotic Substances, Lasbella at Hub, whereby Mazda truck bearing Registration No.JX-5087 has been confiscated in favour of State. 2. Briefly stated the facts of the case are that the complainant Jan Muhammad, Naib Subedar, Pakistan Coast Guard, Uthal, on 17.8.2007 intercepted a Mazda Truck bearing Registration No.JX-5087, Model 1991, Engine No.S0051, Chassis No.201700, from which 290 kilogram Charas was recovered and in this respect case was registered under Section 9(C) Control of Narcotic substances Act, 1997 vide F.I.R No.39 of 2007 dated; 17-8-2007 against the two accused Adalat Khan and Farman Ali. Resultantly the Charas as well as the Vehicle mentioned above was taken into custody. After usual investigation of the case, the challan of the case was sent to the Court of learned Session Judge/Special Judge, Control of Narcotic Substances, Lasbella at Hub, which was registered as C.N.S Case No.54 of 2007. After recording and concluding the evidence the learned trial Court vide order dated 26.2.2008, convicted the accused persons namely Adalat Khan and Farman Ali…

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