Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 161,523

Law: Control of Narcotics Substances Act, 1997

Section: 20,31,32,33,74

Constitution of Pakistan, 1973-- ----Art. 199--Control of Narcotic Substances Act, 1997, Ss. 31, 32 & 33--Application for custody of vehicles--Use of vehicle in transportation of narcotics--Confiscation of vehicles--Direction to--We would like to make bound all Law Enforcing Agencies and I.O. dealing with cases registered under any provisions of CNSA 1997 to follow procedure, provided thereunder Section 31 of CNSA 1997 strictly to avoid complication and to provide sufficient evidence to Court in order to dispose of such vehicles without further inquiries--Section 32 and 33 of CNSA, confers power and jurisdiction upon trial Courts only in order to dispose of such vehicles therefore learned Courts of Sessions, are directed that in case of receipt of any application, in this regard by any person claiming to be owner of vehicle, same application shall be entrusted to Special Courts before whom cases are sent for trial--All applications received by learned Court of Sessions, in this regard, where trial is not yet commenced, such application shall be adjourned sine die, till trial of particular case is commenced--Petition was partially allowed. Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----Ss. 32 & 33--Confiscation of vehicle--Proclaimed offender all according to the provision of Section 32 of CNSA, such vehicles used in transportation and smuggling of Narcotics are liable to confiscation/forfeiture with an exception that vehicle of a bonafide owner shall not be confiscated, if he did not know or have no knowledge that an offence under CNSA, would be committed through vehicle owned by him--It is evident from record that accused has already been convicted, however, co-accused Mst. Maryam is still Proclaimed Offender while there is no any specific information that co-accused was a genuine person, because she had been charged only on statement of convict u/s 161 Cr.P.C. but Investigation Officer had not made any fruitful effort to determine, as to whether person who had charged is a living person having any identity in this regard--Vehicle in question could not be left undecided for uncertain period which had already been exhibited during course…

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