Yasir Nazir S/O Haji Nazir Ahmed vs Special Judge CNS/ Sessions Judge Mastung & another

Balochistan High Court · 2023 · Before Hon'ble Justice Iqbal Ahmed Kasi

Through the instant appeal, appellant Y asirNazir son of Nazir Ahmad, has challenged the validity of the order dated 30.03.2023 (“the impugned order”) passed by the Special Judge, CNS/Sessions Judge, Mastung (“the trial Court”),whereby, application under Section 516-A, Cr.P .C. was rejected of vehicle i.e. Grand Land Cruiser, bearing Registration No.BF-1808 (‘the vehicle in question’).

2. The facts of the case arising out of the instant appeal are that a case pursuant to FIR No.19/2021 was lodged with Levies Thana Daringarh, District Mastung on 04.10.2021 upon the report of Zaheer Ahmad, Naib Risaldar under Section 9 (c) of the Control of Narcotic Substances Act, 1997 (“the Act of the 1997”) against the accused persons, namely, Muhammad Sadiq and Ghulam with the allegations that on the fateful day, the above named accused persons while driving a vehicle Grand Land Cruiser, bearing Registration No.BF- 1808, engine No.IHD-3225122, chassis No.HDJ 101-0015959, black colour, model 2004 was intercepted at Barag Top and allegedly Criminal CNS Appeal No.212 of 2023 - 2 - Only for viewing purpose. Contact office for certified copy. recovery of 28kg and 92 grams of ice (شیشہ)from the vehicle in question and the vehicle in question and contrabands were taken into possession, as such, on coming to know about the lodgment of the FIR, involvement of vehicle in question of the appellant and its misuse by the accused persons, the appellant being real and recorded owner, filed an application for its release on superdari before the trial Court, where the trial of accused persons was commenced. After hearing arguments on the application, the trial Court rejected the same, so filed by the appellant vide impugned order dated 30.03.2023, hence this appeal.

3. Learned counsel for appellant inter alia contended that the impugned order dated 30.03.2023 passed by the trial Court is contrary to law and facts; that the appellant is the real and recorded owner of the vehicle in question; that the material available on record did not prove that the vehicle in question has been used in the commission of the alleged offence.

4. On the other hand, learned APG opposed the contention of learned counsel for the appellant and contended that a huge quantity of narcotics was recovered from the vehicle in question, as such, the appellant is not entitled for release of the vehicle in question.

5. We have heard learned counsel for the appellant, learned APG and perused the available record appended with the appeal with their able assistance.

6. We have noted that the FIR No.19/2021 dated 04.10.2021 was registered at Levies Station Daringar, District Mastung, in respect of offence under Section 9 (c) of the act of 1997 and during investigation of the case, the vehicle bearing registration Criminal CNS Appeal No.212 of 2023 - 3 - Only for viewing purpose. Contact office for certified copy. No.BF-1808 was taken into possession by the Investigating Officer. The accused persons, namely, Muhammad Sadiq and Ghulam were arrested during the investigation of the case and allegedly narcotics were recovered from secret cavities in the vehicle in question.

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