Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 14-- Confiscation of car in which heroin was being transported-­Leave to appeal was granted to accused to examine whether in view of law laid down in Haji Abdul Razzak v. Pakistan P L D 1974 S C 5, such a confiscation could not be ordered. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)-- ---Art. 14--Confiscation of car in which Heroin was being transported--Order if Trial Court clearly gave impression that the liability to confiscation was alone made the basis for order confiscation of the vehicle--Such an order could not be passed without further examining the propriety and justification for such an order particularly so, when all the other occupant of the vehicle except one were positively found to be neither in possession of the objectionable article nor involved in its transportation--Where one passenger in a vehicle secretly carries narcotics without involvement, direct or indirect, of others either present in the vehicle or in its control and charge, order of confiscation of such vehicle would manifestly be inconsistent. Haji Abdul Razzak v. Pakistan P L D 1974 S C 5 applied. JUDGMENT SHAFIUR RAHMAN, J.--Leave was granted to the appellant, the owner of a car which was confiscated under Article 14 of Prohibition (Enforcement of Hadd) Order, 1979 (hereinafter referred to as the Order), to examine whether in view of the law laid down in Haji Abdul Razzak v. Pakistan P L D 1974 S C 5, such a confiscation could not be ordered. On the 26th of October, 1985, Muhammad Afzal, A.S.I., C.I.A. Staff, Rawalpindi received the information that heroin was being transported. He immediately constituted a raiding party and took up position near Police Station, Rawat on the G . T . Road. At about 1-30 p. m. a car arrived from Rawalpindi side. It was stopped. One Majid was driving the car and three other passengers were inside the car. On search, a bag under the seat occupied by Patras accused was found to contain one kilogram of heroin. It was taken into possession. The sample taken showed it to be contraband heroin. All the four occupants of the car were…

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