Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 15(1)

Law: Constitution of Pakistan, 1973

Section: 203-F

Law: Code of Criminal Procedure (CrPC), 1898

Section: 417, 435 & 516-A

Prohibition (Enforcement of Hadd) Order (IV of 1979)-------Art. 15(1)---Criminal Procedure Code (V of 1898), Ss.417, 435 & 516-A---Constitution of Pakistan (1973), Art.203-F---Confiscation of vehicle---Locus standi to get possession---Ownership on the basis of open transfer letter ---Charas weighing 197 Kg. was recovered from the truck in-question---Accused persons arrested in the case were acquitted by Trial Court for the reason that the prosecution could not prove them to be the driver and conductor of the truck---Truck in-question was ordered to be confiscated under Art. 15(1) of Prohibition (Enforcement of Hadd) Order, 1979, as it was involved in transportation of narcotics which was recovered from the secret cavities of the truck---Appellant claimed to be the owner of the truck on the basis of sale-deed whereby he had only paid Rs.1,00,000 out of total consideration as Rs.8,50,000---Truck was not transferred in the name of the appellant and application under Ss.417/435/516-A, Cr.P.C. for the possession of the truck was dismissed by Federal Shariat Court---Plea raised by the appellant was that he was bona fide owner of the truck in-question---Validity---Trial Court was empowered under Art. 15(1) of Prohibition (Enforcement of Hadd) Order, 1979, to confiscate the property involved in the transportation of contraband despite acquittal of person charged---Appellant was not competent to file the appeal as he was neither a bona fide purchaser nor was in possession of the truck lawfully and he did not have locus standi to file the present case---Judgment passed by Trial Court-was based on valid and sound reasons and was .in consonance with the law-Neither there was any misreading or non-reading of .material evidence, nor misconstruction of facts and law---Appeal was dismissed.Ejaz Muhammad Khan, Advocate-on-Record for Appellant.Imtiaz Ali, Addl. A.-G. N-.-W.F.P. for the State.Date of hearing: 12th October, 2004.JUDGMENT ABDUL HAMEED DOGAR (CHAIRMAN).--- This appeal with leave to this Court is directed against the judgment dated 1,3-12-2000 of the Federal Shariat Court whereby Criminal Revision No. 12/I of 19119 filed by the appellant under Article 203-D…