Law: Criminal Procedure Code (V of 1898)

Section: 516-A

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 516-A---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Superdari of vehicle---Scope had assailed order of lower Court whereby his application for superdari of vehicle was dismissed---Validity---Registration Book of the vehicle transpired that the petitioner was a bona fide owner of vehicle in question---No rival claimant had claimed ownership of vehicle in question---Challan against the accused had been submitted in Court and vehicle in question had not been shown as case property in column 4 of challan, therefore, the said vehicle was not required by the prosecution---Vehicle in question could not be detained in Police Station for an indefinite period as it would decay and deteriorate the colour and parts of vehicle---Prosecution was directed to hand over the vehicle in question to the petitioner on Superdari was directed to produce the vehicle in question in the Trial Court as and when required. ORDER ALI BAIG, JUSTICE:---.--- This criminal revision petition under section 439-A, Cr.P.C. has been preferred against the impugned order dated 24.01.2020 passed by the learned Vacations Judge/Special Judge Control of Narcotic Substances Act, 1997 Gilgit; whereby, the learned trial court has dismissed application filed by the petitioner under section 516-A, Cr.P.C. for custody of a vehicle which was impounded by the police in case FIR No. 42/2019, registered under section 9(c) CNSA, 1997 at Police Station Juglote Gilgit. 2. The learned counsel for the petitioner has contended that petitioner is real owner of vehicle in question, therefore, he is entitled for custody of said vehicle and the learned trial court has committed illegality while dismissing application of petitioner filed under section 516-A, Cr.P.C. The learned counsel for the petitioner has further…

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