Abdul Hakeem vs State Ss — 2025 MLD 569 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 569 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Abdul Hakeem vs State Ss
Subject matter: Criminal
Provisions referred to: S. 516-A; S. 9; Anti-Money Laundering 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

Abdul Hakeem VS State Ss. 9(c) & 32---Confiscation and release of vehicle in narcotic cases---Scope---Prosecution case was that 40-kilograms charas was recovered from the tanker driven by accused---After trial conducted by the Trial Court, accused was acquitted but the tanker was confiscated in favour of State---Applicant filed an application under S.516-A, Cr.P.C for releasing tanker in question on superdari being the real owner of the said tanker---Said application was rejected by the Trial Court---Validity---Record showed that the ownership of the applicant regarding the tanker was admitted and also proved by the available documentary evidence---Applicant was not named as an accused in F.I.R registered in respect of the offence under S.9(c) of the Act, 1997 and Anti-Money Laundering Act, 2010---Investigating Officer of the case did not collect any evidence during the investigation of the case that the applicant was in knowledge of the fact that the tanker in question was to be used by the accused person for carrying and transporting narcotic substances---In the absence of such evidence, the applicant could not be deprived of the custody of the tanker in question owned by him and the tanker in question could not have been ordered to be confiscated---Appeal was allowed, in circumstances.

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