Law: Criminal Procedure Code (V of 1898)

Section: 516

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 14

(Criminal Procedure Code (V of 1898)].......S 516-A---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.l4--­Custody of property---Truck containing huge quantity of Charas in its secret chambers was seized by Excise police during patrol duty and the same was restored by the Magistrate to the owner on furnishing surety---Federal Shariat Court, on revision by State against the said order agreeing with the Magistrate observed that ends of justice would better be served if the truck was handed over to the claimant owner not because his claim of ownership was accepted but because the truck should be preserved which was deteriorating with every passing day and nothing would be left after some time---As such custody would be in conformity with the intent of law as expressed in S. 516-A, Cr. P.C: --Custody of truck allowed to be given to claimant after some specified steps were taken by the prosecuting agency. ORDER IBADAT YAR KHAN, J: The facts of this case are very tricky. A gang of narcotic dealers seems to be involved in this case. It is so well-known that these narcotic dealers have by now spread tentacales in our society and in addition to, other devices to get away from the retribution of their crime have now thought of yet another device to defeat the ends of justice and save themselves from the long arm of law. Now they obtain bail and after securing their release on bail bolt away never to return. The prosecution is left with no other alternative but to enforce the surety bonds and forfeit the whole or a portion of the surety amount in the bond. In quite a number of cases it has been pleaded on behalf of absentee accused-that after obtaining bail they had gone on `Jehad' to Afghanistan and had been martyred. The vehicles used for transportation of narcotics which have been seized are later on claimed by some third person, who turns up and obtains possession of the vehicle concerned on' among other pleas the ownership of the vehicle and its misuse by those from whose possession the vehicle was seized at the time- of the arrest of the absconding accused. 2. In this case the Excise Police of Ubauro during their patrol duty seized a truck driven by accused…

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