Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9, 48 & 74---Criminal Procedure Code (V of 1898), S.516-A---Recovery of narcotic substance---Revision---Maintainability---Vehicle, superdari of---Principles---Vehicle in question and its driver were taken into custody, as narcotic substance was recovered---Petitioner claimed to be real owner of vehicle and sought its interim possession---Validity---Though no absolute bar could be placed on releasing vehicle on interim custody under the provisions contained in S. 74 of Control of Narcotic Substances Act, 1997 but the claimant had to at least prima facie establish that he had no nexus or connection of whatever kind with commission of offence or with offender---Accused was driver of petitioner, which prima facie made nexus of petitioner with accused---Proposition of innocence of accused could not be determined without recording of evidence in such respect that it was not known to him that offence was being or had to be committed through the vehicle in question---Control of Narcotic Substances Act, 1997, which had super imposing status as regard to general criminal law and special procedure was provided for redressal of grievance, recourse to general law was to be avoided---Provision contained in section 48 of Control of Narcotic Substances Act, 1997, conferred rights upon aggrieved person to file appeal against any order passed by Special Court in exercise of its jurisdiction thereunder and revision was competent without first exhausting remedy of appeal provided under S. 48 of Control of Narcotic Substances Act, 1997--- Revision was dismissed in circumstances. Abdul Salam v. The State 2003 SCMR 246 rel. (b) Administration of justice--- ----Interim relief--- Powers--- If a Court has conferred with jurisdiction to grant a final relief, it may also exercise its judicial discretion to grant interim relief possessing inherent jurisdiction in such regard. JUDGMENT IKRAMULLAH KHAN, J.---Through the instant, revision being filed, under the provisions of section 439, Cr.P.C., whereof, the impugned judgment/order of the learned Additional Sessions Judge-XI, Peshawar dated 29-10-2013, had been challenged,…

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