Law: Control of Narcotic Substances Act, 1997

Section: 32

Law: Criminal Procedure Code (V of 1898)

Section: 516-A

Control of Narcotic Substances Act (XXV of 1997)--- ----S. 32---Criminal Procedure Code (V of 1898), S.516-A---Superdari of vehicle---Articles connected with narcotics---Knowledge of the owner of vehicle---Scope---Prosecution assailed order of Trial Court whereby it had accepted the application of respondent for release of vehicle---Validity had produced legal documents of the vehicle, which were verified by the Trial Court from Excise and Taxation Department---Control of Narcotic Substances Act, 1997 did not put an embargo on release of vehicle on superdari to the bona fide owner---Prosecution had to establish the knowledge of the owner of vehicle in respect of its usage for smuggling of contraband material---Control of Narcotic Substances Act, 1997 did not prohibit the release of vehicle used in trafficking of narcotics, when the owner had no nexus with the commission of the crime or the accused and he was unaware that the vehicle was being used for the crime---Revision petition was dismissed. Allah Ditta v. State 2010 SCMR 1181 rel. ORDER ABDUL HAMEED BALOCH, JUSTICE:---.--- This Criminal Revision Petition is directed against the order dated 15-01-2019 ("impugned order") passed by the Special Judge CNS Gwadar ("trial court") whereby the application filed by the respondent under Section 516-A of the Code of Criminal Procedure, 1898 ("Cr.P.C.") for Superdari of Oil Tanker bearing Registration Nos. TUA-820 was accepted. 2. The necessary facts for disposal of the instant petition are that complainant Sobedar Muhammad Javed lodged an FIR No.47/2016 with Pakistan Coast Guards, Pasni alleging therein that on 27-04-2016 at Badook Road, Check Post an Oil Tanker was intercepted on suspicion. The drive told his name Sana Ullah while the person sitting on the read seat told his name Sajid. The Oil Tanker was searched, resultantly 45 bales of Charas weighing 900 kilograms were recovered from secret cavities of the said Oil Tanker. The said Oil Tanker was taken into custody as case property. 3. After submission of challan and full dressed trial the trial court vide impugned judgment acquitted the respondent of the charge, however no order was passed in respect of the case…

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