Law: Criminal Procedure Code (V of 1898)

Section: 517

Law: Control of Narcotics Substances Act, 1997

Section: 9

Criminal Procedure Code (V of 1898)--- ----S. 517---Control of Narcotic Substances Act (XXV of 1997), S.9---Superdari of vehicle---Application for custody of car in question on `superdari' was rejected---Case of petitioner was that he was owner of the car in ,question and he had given same to a `rent a car dealer'---Petitioner had placed on record agreement of said dealer, which was an unsigned document which was not signed either by said dealer or by the petitioner---Car in question was a case property in a criminal case, in which huge contraband items were recovered and case was registered under S.9 of Control of Narcotic Substances Act, 1997---Car being a case property which the local police had taken into possession, question of its return would be determined at the time of final hearing of the case and proper order for its custody, would be made under S.517, Cr.P.C.---Local police was directed to arrange for the safe custody of the car till then. ORDER MUHAMMAD ALAM KHAN, J.---Rafiq-ur-Rehman petitioner has filed this revision petition against the order of Additional Sessions Judge-III/Judge Special Court Nowshera dated 24-10-2007, whereby the application for custody of Motor Car No.AKB-579 on `superdari' was rejected. 2. Facts of the case are that Sabir Hussain, Additional S.H.O., Police Station Akora Khattak had lodged the report, which was registered in the shape of `murasila' and later on incorporated in F.I.R. No.697 dated 5-9-2007, to the effect that he received a spy information that heroin and charas are likely to be smuggled from the tribal area to Punjab. On receiving this information, he laid a picket and in the meanwhile Motor Car No.AKB-579 coming from Peshawar side was stopped. 3. On checking the person who was occupying the driver's seat and was young body, he disclosed his name to be Awal Khan son of Shahpur, resident of Afghanistan, presently residing near Railway Phatak Chongi No.7 Attock City. On search of the Motor Car two shopping bags black in colour containing charas which on weighing were found 2 Kgs. the other shopping bag containing heroin which on weighing were found 2 Kgs. In the other shopping bag two big packets and one small…

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