State vs FAROOQ KHAN Ss — 2023 YLR 2264 QUETTA-HIGH-COURT-BALOCHISTAN

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

State VS FAROOQ KHAN Ss. 74, 32, 33(2), 2nd proviso & 48---Criminal Procedure Code (V of 1898), S. 516-A---Superdari (custody) of seized vehicle used in the trafficking of contraband--- Scope--- Anti-Narcotic Force (ANF) recovered contraband lying beneath the driving seat of the car/ vehicle being driven by the accused---Respondent, who was not an accused, filed an application under S. 516-A of the Criminal Procedure Code, 1898 for release of vehicle-in-question on superdari, which was allowed---ANF preferred appeal against the said order---Validity---Record revealed that the respondent had not been indicted in the present case---Section 74 of the Control of Narcotic Substances Act, 1997 ('the Act 1997') related to custody before conclusion of the case, the connotation whereof was in negative as the same stated that the vehicle involved in the crime "shall not be given in custody" of an accused or any associate or relative or any private individual till conclusion of the case except as provided in the 2nd proviso of clause (2) of S. 33 of the Act 1997, whereas S. 32(2) of the Act, 1997 empowered the Trial Court to confiscate vehicle on conclusion of the trial provided no vehicle or conveyance would be confiscated unless it was proved that owner thereof knew that the offence was being or was to be committed---Respondent was the recorded owner of the vehicle-in-question, which he had leased on loan from a Bank---According to the affidavits sworn by him, he had rented out vehicle-in-question to the accused, and he was absolutely unaware of the narcotics having been transported by the accused in vehicle-in-question---As such he was not at fault, thus his case came within the preview of Ss. 32 & 33 of the Act 1997---No illegality or infirmity was found in the impugned order of release of the vehicle on superdari to the respondent---Appeal was dismissed in limine, in circumstances.

State vs FAROOQ KHAN Ss — 2023 YLR 2264 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported

Other judgments reported in 2023 YLR