Law: Control of Narcotics Substances Act, 1997

Section: 32,33

Law: Criminal Procedure Code (V of 1898)

Section: 520,517

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 32 33---Articles connected with narcotics---Procedure for confiscation---Scope  assailed the passed by Trial Court to the extent of confiscation of vehicle used in transportation of narcotics---Sections 32 33 of Control of Narcotic Substances Act, 1997, empowered the Trial Court to order confiscation of vehicle used in trafficking of narcotic---Vehicle could not be confiscated unless it was proved that owner was aware that his vehicle was being used in the crime and in that respect burden was placed on the prosecution---Record of the case was silent as to whether any query or probe was made during investigation or during trial or any substantial proof was brought on record by the prosecution about involvement of the owner of the vehicle or his knowledge of transportation of narcotics---Appeal was allowed, impugned to the extent of confiscation of vehicle was set aside and the case was remanded to the Trial Court for release of vehicle subject to verification of ownership from Registration Authority. 2010 SCMR 1181 and 2011 SCMR 1471 ref. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 520 517---Order for disposal of property regarding which offence committed---Stay of order under Ss. 517, 518 or 519, Cr.P.C.---Scope---Where the case in which an order under S. 517, Cr.P.C. was passed in itself is pending before a Court of appeal or revision, that Court can modify, annul or alter such an order under S. 520, Cr.P.C.---Section 520, Cr.P.C., empowers superior Court to interfere with an order passed by a lower Court under Ss. 517, 518 or 519, Cr.P.C., but it does not in any way restrict the Trial Court from passing an order consequent to and in compliance with the order of Superior Court, but where no such case is pending then an application under said section lies to the Court to which appeals or revisions ordinarily lie from the order of subordinate Court under S. 517, Cr.P.C. AIR 1942 Sindh 1; Sardara v. Boota PLD 1950 Lah. 97; Ghulam Akbar v. The State and another PLD 1958 Lah. 212; Ahmad Bakhsh v. The State and another PLD 1966 Lah. 918; Jalal Khan alias Jalley Khan v. The State and another…

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