Law: Criminal Procedure Code (V of 1898)

Section: 516A

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Superdari of vehicle---Scope---Appellant assailed order of Trial Court whereby his application for superdari of vehicle seized as case property was dismissed---Narcotics were recovered from the toolbox of the vehicle which was driven by accused---Appellant was not accused in the case nor the prosecution had brought on record any incriminating material to show the knowledge of appellant in respect of the allegedly recovered narcotics---Narcotics were not recovered from the secret cavities of the vehicle---Appellant, being in possession of valid documents showing his undisputed ownership, was entitled to the custody of the vehicle---Appeal was allowed. (b) Criminal Procedure Code (V of 1898)--- ----S. 516-A---Superdari of vehicle used for offence---Scope---Vehicle shall not be confiscated unless it is proved that the owner was aware that his vehicle is being used in the crime. Allah Ditta v. State 2010 SCMR 1181 rel. THIS ORDER PASSED BY: ABDUL HAMEED BALOCH, J.--- This Criminal Appeal is directed against the order dated 26.06:2019 ("impugned order") passed by the Special Judge Control of Narcotic Substances, Lasbela at Hub ("trial court") whereby the application filed by the appellant under Section 516-A of the Code of Criminal Procedure, 1898 ("Cr.P.C.") for Superdari of vehicle bearing Registration No. LES-640 was dismissed. 2. The necessary facts for disposal of the instant appeal are that FIR No.83/2019 was lodged by the complainant Mushtaq Ahmed, Sobedar Pakistan Coast Guards with Police Station Pakistan Coast Guards Uthal on 16.5 2019, under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNS Act, 1997), alleging therein that on the same date at about 20:00 hours at Naka Khadari Check Post of Pakistan Coast Guards Uthal, a Coach bearing registration No.LES-640 was intercepted and search of the same was conducted, resultantly, 3.9 Kg Charas and 10 Kg Opium from the tool-box of the vehicle were recovered, which were taken into possession and vehicle was seized as case property. 3. The appellant on the strength of registration…

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