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Muhammad Nabi vs Commandant ANF Balochistan Ss — 2025 MLD 696 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2025 MLD 696 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2025
Reporter
MLD
Parties
Muhammad Nabi vs Commandant ANF Balochistan Ss
Subject matter
Tax & Customs
Provisions referred to
S. 32; Motor Vehicles Ordinance; CNS 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

Muhammad Nabi VS Commandant ANF Balochistan Ss. 9(c) & 32---Confiscation and release of vehicle involved in narcotic case---Scope---Prosecution case was that 144-kilograms charas was recovered from the secret cavity of truck driven by the accused---Accused was acquitted from the case but the vehicle was ordered to be confiscated in favour of the State---Validity---Appellant claimed to be owner of the vehicle in question which he allegedly purchased from "ZH" through an agreement dated 19-02-2022 and in that respect also relied upon letter pad of Truck Owner Association along with copy of the CNIC's, and "ZH" had allegedly purchased the vehicle in question through an agreement dated 15-12-2021 with "MA"---Vehicle in question was registered in the name of one "MA"---Alleged agreement relied upon by the appellant was not a valid document of title and it did not transfer ownership of a vehicle in terms of Motor Vehicles Ordinance, 1965, therefore, the appellant could not be given license of ownership on the basis of a photocopy of alleged agreement obtained on Rs.150/- stamp paper---Appellant had failed to support his contention with regard to ownership of the vehicle through any valid documents, therefore, he could not fulfill the requirement laid in proviso to S.32 of the CNS ACT---In the instant case registration certificate of the vehicle showed that the original owner of the vehicle was "MA" and the appellant had failed to establish his ownership of the vehicle in question, therefore, the proviso to S.32 of the CNS Act was not attracted in favour of the appellant---Appeal was dismissed in limine, in circumstances.

Other judgments reported in 2025 MLD

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