Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(c)

Law: Governor-Criminal Procedure Code (V of 1898)

Section: 516A,517

Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Criminal Procedure Code (V of 1898), Ss. 516-A & 517---Possession of narcotic substance---Custody (Superdari) of vehicle sought---Open transfer letter---A vehicle was intercepted from which 18 packets of opium, weighing 17 kg and 500 grams, 11 packets of crystal, weighing 11 kg, 22 packets of heroin, weighing 22 kg and Sheesha weighing 1165 gram were recovered from secret cavity of rear seat of the vehicle which was being driven by the accused---Accused was acquitted by the Trial Court and the appellant had filed application before the Trial Court for giving the said vehicle to him on superdari which was dismissed--Validity---In the present case the appellant after acquittal of the accused had claimed vehicle in question on the basis of photo copy of an undated, unattested open transfer letter allegedly signed by owner of the vehicle---An open transfer letter was not a valid document of a title, therefore, the impugned judgment warranted no interference---Appeal was dismissed, in circumstances.2022 YLR 138; 2011 PCr.LJ 342; 2018 PCr.LJ 954; 2020 MLD 1854; 2023 YLR 2264 and 2016 YLR 1326 ref.Amjad Ali Khan v. The State and others PLD 2020 SC 299 rel.Date of hearing: 5th September, 2024.JUDGMENTMUHAMMAD EJAZ SWATI, ACJ.---The appellant is aggrieved against order dated 05-10-2023 (impugned order), passed by Court of Special Judge Control of Narcotic Substances Act, Khuzdar (trial court), whereby application under Section 516-A/517 Criminal Procedure Code (Cr.P.C) filed by the appellant was dismissed.2. The facts of the case are that 2D car bearing registration No.BMY-266 (vehicle in question) was intercepted in FIR No.13 of 2020, dated 04-05-2020, registered with Levies Station Khuzdar under Section 9 (c) of the Control of Narcotic Substances Act 1997 (the Act), from where 18 packets of opium, weighing17 Kg and 500 gram, 11 packets of crystal, weighing 11 Kg, 22 packets of heroin, weighing 22 Kg and Sheesha weighing 1165 gram were recovered from secret cavity of rear seat of the vehicle in question, driven by one Abdul Ghaffar son of Hazoor Bakhsh (the accused). The accused was acquitted by the…