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Al-Baraka Bank (Pvt.) Ltd. vs State Ss — 2024 PCrLJ 1196 ISLAMABAD

Case information

Citation
2024 PCrLJ 1196 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PCRLJ
Parties
Al-Baraka Bank (Pvt.) Ltd. vs State Ss
Subject matter
Criminal
Provisions referred to
S. 516A---R; S. 516A; Criminal Procedure Code (V of 1898); Narcotic Substances Act

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

Al-Baraka Bank (Pvt.) Ltd. VS State Ss. 9, 33, 48 & 74---Criminal Procedure Code (V of 1898), S.516A---Recovery of narcotic substance---Possession of vehicle---Bank, claim of--- Appellant bank sought recovery of possession of vehicle in question which was seized by authorities as case property---Validity---Appellant bank was legal title holder of vehicle in question pursuant to provisions of Musharakah Agreement or loan agreement---Purpose of repossession by bank was not to put the vehicle to ordinary use but to sell the vehicle to recover funds involved in purchase of the vehicle and/or that were due and payable by the person who had leased / rented the vehicle from the bank---Such purpose could not be achieved during pendency of trial as vehicle could not be disposed of when it was released on Superdari---Provisions of Ss.33 & 74 of Control of Narcotic Substances Act, 1997, when read together with S.516A, Cr.P.C., did not contemplate release of a vehicle on Superdari during pendency of trial to enable a financial institution to effect recovery of funds through the sale of such vehicle--- Trial Court rightly denied release of vehicle on Superdari to appellant-bank as the vehicle was yet to be exhibited as case property in a pending trial---Appeal was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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