Muhammad Asad vs State Ss — 2025 PCrLJ 1540 QUETTA-HIGH-COURT-BALOCHISTAN

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Muhammad Asad VS State Ss. 9(c) & 34---Criminal Procedure Code (V of 1898), S. 516-A---Transportation of narcotics---Articles connected with narcotics---Order for custody and disposal of property pending trial in certain cases---Scope---Appellant assailed order passed by Trial Court whereby his application for superdari of vehicle , from which narcotics was recovered, was dismissed---Validity---Admittedly, the vehicle in question was registered in the name of appellant way back on 18.11.2020, even before the seizure of vehicle in the crime ibid, but the appellant was neither booked in the instant case as a co-accused nor figured anywhere as an absconder---Albeit, there was sluggishness on the part of applicant to approach the Court in time during the trial, but merely on such ground, the appellant could not be deprived of his vehicle, more particularly, when he had not been attributed any role in the instant case---Appellant claimed that he had rented out the vehicle in question to accused and he was absolutely unaware about the said narcotics concealed and transported in his vehicle---Clause (2) of Section ibid empowers the Trial Court to confiscate the vehicle on conclusion of the trial, provided no vehicle or conveyance shall be confiscated unless it is proved that owner thereof knows that the offence is being or was to be committed---Thus, it was the duty of the prosecution to establish that the owner of the vehicle was having knowledge about the presence of the narcotics in his vehicle, which was not the case---Besides, the impugned order dated 20.07.2024 was also contrary to law and non-speaking, which could not be allowed to hold field---Impugned judgment dated 19.08.2022 passed by the Trial Court to the extent of confiscation of truck was set aside and the vehicle in question was ordered to be released to the appellant, after due verification and physical examination from the concerned departments---Appeal was allowed, in circumstances.

Muhammad Asad vs State Ss — 2025 PCrLJ 1540 QUETTA-HIGH-COURT-BALOCHISTAN

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