Law: Control of Narcotics Substances Act, 1997

Section: 48

Law: Criminal Procedure Code (V of 1898)

Section: 516A

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 48--- Criminal Procedure Code (V of 1898), S. 516-A--- Appeal filed under S.48 of Control of Narcotic Substances Act, 1997 against an order of court of ordinary jurisdiction---Competency---Alleged owner of vehicle (appellant) filed application before Magistrate seeking superdari of vehicle, which had been taken into possession by police in connection with the narcotics case---Magistrate dismissed said application on grounds that vehicle was case property and was an important piece of evidence and its superdari would prejudice the case---Revision petition filed against order of the Magistrate was dismissed by Additional Session Judge---Appeal under S.48 of Control of Narcotic Substances Act, 1997 was filed against order of Additional Session Judge and that of the Magistrate---Validity---Firstly no appeal could be preferred against an order passed in criminal revision, and secondly an appeal under S. 48 of Control of Narcotic Substances Act, 1997 could be preferred against an order of Special Court constituted under the Act---Impugned orders had been passed by courts of ordinary jurisdiction and not by courts constituted under the Control of Narcotic Substances Act, 1997, therefore appeal was incompetent--- Appeal was dismissed accordingly. ORDER Sheikh Muhammad Ajmal appellant has preferred this appeal under section 48 of the Control of Narcotic Substances Act, 1997 against order dated 25-1-2012 passed by the learned Magistrate 1st Class, Sahiwal and order dated 9-2-2012 passed by the learned Additional Sessions Judge Sahiwal whereby application made by the petitioner for seeking Spurdari of Car Honda City bearing Registration No.LEA-06/9862 was dismissed and the criminal revision filed against the said order was also dismissed respectively. 2. Succinctly, the facts of the case are that Sh. Muhammad Ajmal appellant made a petition for seeking the temporary custody/Spurdari of Car Honda City bearing Registration No.LEA-06/9862, which was taken into possession by the police of Police Station Fetch Sher District Sahiwal in case F.I.R. No.31 of 2012 registered under section 9-C of the Control of Narcotic…

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