Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 32 & 74---Possessing and trafficking of narcotics---Superdari of vehicle---Vehicle in question had been seized in narcotic case from accused against whom the trial was in progress---Claimant of the vehicle was not accused in the narcotic case---Vehicle being non-customs paid had been registered in the name of the claimant and no other person had come forward to claim ownership or possession of vehicle in question---Nothing was on the file to indicate that the vehicle was used in the commission of the crime with the knowledge of the claimant---No doubt S.74 of Control of Narcotic Substances Act, 1997 prohibited the grant of custody of the vehicle used in the export, import or transportation of narcotic substance to accused, or any of his associates, or relatives, or any private individual, till the conclusion of the same, but the application of that provision of law, could not be extended to cover an owner, who had no hand or involvement in the crime, as it could not be construedindependently of the provisions contained in S.32 of said Act which protected the right of the owner, who had no conscious hand in the commission of the crime---Retention of vehicle in Police custody for an indefinite period, would serve no useful purpose---Judicial discretion could also be exercised for release of the vehicle on 'Superdari' in view of the principle that if a court could grant final relief, it also possessed inherent jurisdiction to grant temporary relief pending proceedings beforeit, subject to fulfilling condition by the claimant under the law for getting relieffinally from the court---Custody of vehicle in question along with its documents, was ordered to be handed over to the claimant on furnishing bond/security, in circumstances. Muhammad Hanif v. The State and others 2011 SCMR 1471 and Amin Nawaz Baloch v. The State 2013 YLR 1626 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:---.--- Appellant Naseeb Rahman has impugned the order of learned Additional Sessions Judge, Samarbagh Camp Court, Timergara, dated 18-12-2012, vide which the…

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