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NIAMAT SHER vs State S — 2023 YLRN 34 PESHAWAR-HIGH-COURT

Case information

Citation
2023 YLRN 34 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Parties
NIAMAT SHER vs State S
Provisions referred to
S. 516-

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

NIAMAT SHER VS State S. 516-a---Order for custody and disposal of property pending trial in certain cases---Scope---Vehicle belonging to appellant was seized while the accused was transporting contraband which was recovered from the secret cavities of its digi---Trial Court while proceeding against an accused had acquitted him but the vehicle was ordered to be kept intact till the arrest of proclaimed offenders---Trial Court had duly observed that there were no secret cavities in the vehicle rather the alleged secret cavities were company made and not made by any mechanic later---appellant had produced the original file of the registration along with copy of the registration and also the documents, on the basis of which he had purchased the same---No other rival claimant had come forward, besides, there was no possibility of the same being tempered---No possibility of the arrest of proclaimed offenders in the near future and thus, the vehicle in question could not be kept with the police for indefinite period---appeal was allowed and the vehicle in question was returned on superdari to the appellant, in circumstances.

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