Muhammad Asghar S/O Muhammad Akbar vs The State Through Prosecutor General

Balochistan High Court · 2022 · Before Hon'ble Justice Muhammad Kamran Khan Malakhail

Muhammad Asghar son of Muhammad Akbar has filed this appeal under section 48 Control of Narcotic Substances Act, 1997 (Act 1997) against the impugned order dated 07th April, 2021, passed by learned Sessions Judge, Khuzdar , whereby, the application under Section 517-A Cr.P.C. for release of the vehicle/corolla car bearing Registration No.AXD-913, filed by the appellant was dismissed.

2. Precise facts of the instant appeal are that a vehicle bearing Registration No. AXD-913 was taken into custody by the Levies Station, Baghbana, in case F.I.R. No.21 of 2020 dated 12th May 2020, registered under section 9(C) of the CNS Act, 1997 and during search whereof, 95-KGs charas were got recovered from secret cavities of the car, while the driver of the car Muhammad Criminal Appeal No.304 of 2021 - 2 - Only for viewing purpose. Contact office for certified copy. Khan and his other companion namely, Sher Baz sitting in rear seat were arrested. Investigation was conducted and on completion whereof, a complete challan was submitted in the court of Special Judge CNS/Sessions Judge, Khuzdar. On completion of the trial the nominated accused persons were acquitted of the charge, whereas, the car allegedly used in commission of the offence, was confiscated in favour of the State. Since the vehicle was allegedly purchased by the appellant, which was handed over to the accused namely, Muhammad Khan on monthly rent of Rs.40,000/ -, as such, he being aggrieved of the impugned confiscation order approached the trial court by way of filing application under section 516-A Cr.P.C. for release of the said vehicle on superdagi nama, which was dismissed vide order dated 25th August, 2020 and, now after acquittal of accused persons, the appellant again filed application under section 517-A Cr.P.C. for release of vehicle before the trial court, which too was dismissed vide impugned order dated 07.04.2022. Hence, the instant appeal.

3. Learned counsel for the appellant contended that the appellant is a legal, genuine and last bona fide purchaser of the vehicle in question and being the real owner he is entitle for its possession as there is no other rival claimant of the same; that prior to confiscation, no notice was issued to him and as such the principle of natural justice was violated; that the vehicle in question was the sole earnings source of the appellant and his entire family; that the appellant was having no conscious knowledge of the Criminal Appeal No.304 of 2021 - 3 - Only for viewing purpose. Contact office for certified copy. contrabands, as the said vehicle was handed over to the accused Muhammad Khan for running businesses on rental basis of Rs.40,000/ - per month. He, therefore, urged for setting aside the impugned order and release of vehicle in question on superdari. On the other hand, the learned Deputy Prosecutor General opposed the contention and submitted that the appellant never appeared before the trial court nor placed on record any authentic documents showing that he was/is the real owner. He, therefore, urged for dismissal of the appeal.

4. Heard. Record perused.

5. Perusal of the case file reveals that the vehicle in question was taken into possession by the levies officials of Levies Station, Baghbana being allegedly used in transportation of contrabands, ch…

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