Law: Criminal Procedure Code (V of 1898)

Section: 516-A

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Control of Narcotic Substances Act (XXV of 1997), S. 74---Order for custody and disposal of property pending trial---Scope---Prosecution alleged that narcotic was recovered from the vehicle of appellant, wherein the accused person was sitting contended that he was the lawful owner of the vehicle, which was registered against his name in the relevant record; that he was engaged in the business of rent-a-car and that the vehicle was rented to the accused for which a receipt was also procured---Prosecutor placed reliance on S.74, Control of Narcotic Substances, 1997 for denial of relief of superdari---Held; where the owner of the vehicle was not accused of the case and had no knowledge that his vehicle would be used for trafficking the narcotics, the provisions of S. 74, Control of Narcotic Substances Act, 1997 did not create any bar for giving the vehicle to the owner on temporary custody was entitled to temporary custody of the vehicle---Appeal was allowed, in circumstances. Allah Ditta v. The State 2010 SCMR 1181 rel. ORDER Through the instant appeal filed under Section 48 of the Control of Narcotic Substances Act, 1997, the appellant has assailed the vires of impugned order dated 29.03.2017, passed by learned Additional Sessions Judge, Taxilla, District Rawalpindi; whereby his petition seeking superdari of vehicle Toyota Corolla silver colour bearing registration No. QIL-059 was declined. 2. Facts of the case succinctly required for determination of the lis in hand are that on 11.11.2016 during the course of investigation in case FIR No.659/2016, dated 01.01.2016, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, Police Station Saddar Wah, accused Faqeer Hussain after making disclosure led towards Mala Kand Stop where a vehicle Toyota Corolla silver colour bearing registration No. QIL-059 was standing in which one Amir Khan son of Bakhsh was sitting. On search from the vehicle contraband charas weighing 7-KGs and 260-grams was recovered and in this regard case FIR No.661/2016, dated 11.11.2016, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, was…

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