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GHULAM ALI vs State Ss — 2021 PCrLJ 438 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 438 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
GHULAM ALI vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM ALI VS State Ss. 32 & 33---articles connected with narcotics---Procedure for confiscation---Scope---appellant assailed the judgment passed by Trial Court to the extent of confiscation of vehicle used in transportation of narcotics---Sections 32 & 33 of Control of Narcotic Substances act, 1997, empowered the Trial Court to order confiscation of vehicle used in trafficking of narcotic---Vehicle could not be confiscated unless it was proved that owner was aware that his vehicle was being used in the crime and in that respect burden was placed on the prosecution---Record of the case was silent as to whether any query or probe was made during investigation or during trial or any substantial proof was brought on record by the prosecution about involvement of the owner of the vehicle or his knowledge of transportation of narcotics---appeal was allowed, impugned judgment to the extent of confiscation of vehicle was set aside and the case was remanded to the Trial Court for release of vehicle subject to verification of ownership from Registration authority.

Other judgments reported in 2021 PCRLJ

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