RAHAMUDDIN BAREECH vs State Ss — 2022 PCrLJN 109 KARACHI-HIGH-COURT-SINDH

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

RAHAMUDDIN BAREECH VS State Ss. 48, 32 & 74---Vehicle involved in transporting narcotic substance---Return of such vehicle ---Scope---Vehicle was taken into custody by the local police being involved in transportation of narcotics---Application for return of said vehicle filed by acquitted accused was dismissed by the Trial Court on the ground that since appeal had been filed by the convicted accused, which was still pending, therefore, at such stage said application could not be allowed---Validity---Record showed that while passing order for disposal of case property, the Trial Court had ordered that the truck recovered from acquitted accused, driver and cleaners, be restored to them in accordance with law after expiry of appeal period---Applicants driver and cleaner of the vehicle were acquitted while three other accused were convicted and sentenced---Convicted persons preferred appeals against their conviction and sentences, however, driver and cleaners were acquitted, meaning thereby that neither they nor the said vehicle was in any manner involved in drug trafficking, and since no appeal was filed by the state against the acquittal of driver and cleaner therefore their acquittal on the expiry of period of limitation had attained finality and, thus, they along with the said vehicle were exonerated from the said crime---Fate of the appeals filed by the convicted accused, whether the same were allowed or dismissed, would not affect the case of the acquitted accused in any manner nor the order for disposal of the vehicle was under challenge before any court---No occasion existed for the Trial Court to turn down the application for returning the vehicle, in circumstances.

RAHAMUDDIN BAREECH vs State Ss — 2022 PCrLJN 109 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported