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Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Conviction and sentence--Challenge to--Confiscation of vehicle--Car was taken into custody by ANF after recovery of control substance from secret cavity, dish-board of car--Accused was convicted in separate trial u/S. 9-C of CNSA--Car was hiring from Rent-A-Car by accused--Car onwed by late husband of Appellant--Absence of rival claimant--Application for return of vehicle is accepted. THIS JUDGMENT DELIVERED BY: Qalandar Ali Khan, J:-- This appeal by Mst. Saira Khan widow of late Rizwan under Section 48 CNSA is directed against the judgment/order of learned Judge, Special Court (CNS), Peshawar, dated 31.03.2016, whereby, application of the petitioner for return of the vehicle (Honda Civic) No. VV-155/Islamabad, was dismissed. 2. The aforementioned motorcar was taken into possession-in-case vide FIR No. 05 dated 11.01.2014 under Sections 9(c)/14/15 CNSA P.S ANF, Peshawar, after recovery of seven packets of opium, each packet weighing one kilogram total 7 kilograms, and 4 packets of chars, each packet weighing one kilogram, total 4 kgs chars Garda, from a secret cavity in the dish-board of the motorcar. At the time of recovery of the narcotics, Imran Dilawar son of Dilawar Masih was found on the driving seat of the motorcar, and along with cash amount and other articles, a receipt of Madina Rent-A car, showing the said accused/appellant in the connected Cr.A. No. 607-P/2014 having hired the car for self-driving, was also recovered from his possession. After facing trial before the learned Judge, Special Court (CNS), Peshawar, the said accused/appellant was convicted under Section 9(c) CNSA and awarded the sentence of life imprisonment with fine of Rs.200000/-. The accused/appellant preferred appeal, which has been partially accepted, and imprisonment for life reduced to five years R.I and fine of Rs.200000/- also reduced to Rs.50,000/- and in default of payment of fine to further two months S.I. 3. The learned Judge, Special Court (CNS), Peshawar, dismissed application of the petitioner/appellant, mainly, on the ground that partnership of late Rizwan, predecessor of the petitioner/appellant,…

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