Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 9(c),32

Control of Narcotic Substances Act (XXV of 1997)---

----Ss. 9(c) & 32---Confiscation and release of vehicle in narcotic cases--- Scope---Prosecution case was that 40-kilograms charas was recovered from the tanker driven by accused---After trial conducted by the Trial Court, accused was acquitted but the tanker was confiscated in favour of State---Applicant filed an application under S.516-A, Cr.P.C for releasing tanker in question on superdari being the real owner of the said tanker---Said application was rejected by the Trial Court---Validity---Record showed that the ownership of the applicant regarding the tanker was admitted and also proved by the available  documentary  evidence---Applicant  was  not  named  as  an  accused  in

F.I.R registered in respect of the offence under S.9(c) of the Act, 1997 and Anti-Money Laundering Act, 2010---Investigating Officer of the case did not collect any evidence during the investigation of the case that the applicant was in knowledge of the fact that the tanker in question was to be used by the accused person for carrying and transporting narcotic substances---In the absence of such evidence, the applicant could not be deprived of the custody of the tanker in question owned by him and the tanker in question could not have been ordered to be confiscated---Appeal was allowed, in circumstances.