Case Details

Citation(s)
2023 SLG 462 2023 SLD 462 2023 PCRLJ 164
Balochistan High Court
Criminal Appeal No. 357 of 2022, decided on 1st August, 2022. Date of hearing: 28th July, 2022.
MUHAMMAD EJAZ SWATI AND IQBAL AHMED KASI, JJ
Noor Bakhsh Baloch for Appellant.

RAZA MUHAMMAD-----Appellant

VERSUS

The STATE-----Respondent

Law: Control of Narcotics Substances Act, 1997

Section: 32,33

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 32, 33---Articles connected with narcotics---Procedure for confiscation---Scope---Appellant assailed order passed by Trial Court only to the extent of confiscation of vehicle from which heroin was recovered---Accused was acquitted of the charge, on an application under S. 265-K, Cr.P.C., however, the vehicle along with contraband was ordered to be confiscated in favour of the State---Appellant had not claimed ownership of the vehicle in question during the course of investigation or trial---Appeal was presented before the Court with a considerable delay of four months, that too, without any plausible explanation, whereas, on the other hand the appellant was claiming that the vehicle in question was the only source of his income and his entire family depended upon the same---Document through which the appellant was trying to prove his ownership was a purchase slip---Vehicle was registered in the name of another person---Appellant was not entitled to claim ownership rights over the vehicle in question---Appeal was dismissed. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 32---Articles connected with narcotics---Scope---Whenever an offence has been committed under the Control of Narcotic Substances Act, 1997, the intoxicant, utensils, etc., in respect or by means of which the offence has been committed shall be liable to confiscation along with receptacles or packages and vehicle, vessel or other conveyance used to carry the same. ORDER IQBAL AHMED KASI, J.---Through the instant appeal, filed under section 48 of the Control of Narcotic Substances, Act, 1997 (the Act of 1997) appellant Raza Muhammad, has challenged the validity of the order dated 17th June 2022 (the impugned order) passed by the Special Judge CNS, Khuzdar (the trial Court) only to the extent of confiscation of vehicle i.e. Toyota Corolla, 2OD car (GLI), bearing Registration No.ATW-826 (the vehicle in question). 2. Briefly stated facts of the case are that, FIR No.03 of 2022, was registered with Levies Station Ornach, dated 19.03.2022, under section 9(c) of the Act of 1997, on the complaint of Dafedar Muhammad Ismail,…
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