Law: Control of Narcotics Substances Act, 1997

Section: 9(c),32,33,48

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 32, 33 & 48---Appreciation of evidence---Confiscation of vehicle---Owner of vehicle allegedly used in occurrence had impugned order of the Trial Court in appeal to the extent of confiscation of vehicle---Before confiscation of the vehicle, the issuance of notice to the appellant/owner as envisaged under the provision of S.33, Proviso of Control of Narcotic Substances Act, 1997 was mandatory---Subsection (2) of S.32 of Control of Narcotic Substances Act, 1997 also permitted the confiscation of the vehicle only when it was proved that the owner had the knowledge that offence was being committed and such point had to be determined in accordance with law after issuing of a notice to the owner of the vehicle and affording a chance of hearing to him---No notice as envisaged under Control of Narcotic Substances Act, 1997, having been given to the appellant/owner of the vehicle, order of confiscation of vehicle was liable to be struck down on that sole ground---Impugned order of the Trial Court to the extent of confiscation of vehicle in question, was set aside and case was remanded to the Trial Court with the direction to proceed with the same strictly in accordance with law. Muhammad Amin v. The State PLD 2004 Kar. 482 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM KHAN, J.--- Bakhtiar appellant has filed this criminal appeal against Gul Shad and others under the provision of section 48 Control of Narcotic Substances Act, 1997 challenging the judgment of the learned Additional Sessions Judge/Judge Special Court-XII, Peshawar, dated 28-9-2007 vide which he convicted Gul Shad accused/respondent No.1 and sentenced him to two years' S.I. and a fine of Rs.6000 or in default thereof to further undergo simple imprisonment for one month. Benefit of section 382-B, Cr.P.C. was extended to him. The case property i.e. the Charas and Datsun bearing No. 6968/FDG, Model 1982 was confiscated to the State. 2. Feeling aggrieved of the impugned judgment to the extent of confiscation of the vehicle in question allegedly involved in the commission of the crime, Bakhtiar appellant has filed this instant appeal. 3.…

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