PLJ 2022 Cr.C. (Note) 144
Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (XXXI of 2019)--
----S. 9(d)--Vehicle in question--Superdari of vehicle--Vehicle in question driven by accused was seized while transporting contraband/charas was recovered from secret cavities--There is no possibility of arrest of said POs in , near future, while vehicle is in dilapidated condition and has not parked in any proper place--The record further reveals that trial Court has, in its order, duly observed that there is no secret cavities in vehicle in question, rather alleged secret cavities were company made and not made by any Mechanic later--The appellant has produced original file of registration alongwith r copy of registration and also documents, on basis of which he has purchased same--Presently, there is no other rival claimant, besides, there is no possibility of same being tempered in view of observations of trial Court; moreover, there is also no possibility of arrest of POs in near future and thus, vehicle in question cannot be kept with Police for indefinite period.--Appeal allowed. [Para 5] A
M/s. Noor Alam Khan and Ms. Shabina Noor, Advocates for Appellants.
Ms. Hina Rukh, State counsel.
Date of hearing: 23.12.2021.
PLJ 2022 Cr.C. (Note) 144
[Peshawar High Court, Peshawar]
Present: Ijaz Anwar, J.
NIAMAT SHER--Appellant
versus
STATE, etc.--Respondents
Crl. A. No. 324-P of 2021, decided on 23.12.2021.
Judgment
This appeal is filed against the order dated 11.03.2021 of the learned Additional Sessions Judge-V, Charsadda, whereby, he declined superdari of vehicle (Fielder) bearing Registration No. BC-4869/ Peshawar, Chassis No. NZE-121-0169052, Engine No. INZFEA546535, Model 2002 to the appellant, which was seized by the local police in case FIR No. 953 dated 22.11.2019 under Section 9(d) KPCNSA at Police Station Charsadda.
2. As per the contents of the FIR, the vehicle in question, driven by the accused Abdullah, was seized while transporting contraband/chars weighing 2000 grams which was recovered from the secret cavities of its Digi.
3. Arguments heard and record perused.
4. Perusal of the record reveals that the vehicle in question was seized in case FIR No. 953 dated 22.11.2019 under Section 9(d) KPCNSA at Police Station Charsadda, when, allegedly, recovery of contraband was effected from the secret cavities of Digi. I have noted that earlier too, appellant has approached this Court by filing Cr.A No. 326- P/2020 for superdari of the said vehicle, however, when the said appeal was came up for hearing, he does not press the same and requested that direction be issued to the Trial Court for expeditious disposal of the pending trial and in view of such statement, the said appeal was dismissed as not pressed and direction was issued to the trial Court for conclusion of trial within a period of two months positively. The record further transpires that thereafter, trial proceeded against the accused Abdullah and ultimately vide judgment dated 20.01.2021, he was acquitted of the charges extending him benefit of doubt and the case property/vehicle in question was ordered to be kept intact till the arrest of POs namely Ehsanullah and Musarrat Shah.
5. Learned counsel for the appellant argued that there is no possibility of the arrest of the said POs in the near future, while the vehicle is in dilapidated condition and has not parked in any proper place. The record further reveals that the learned Trial Court has, in its order, duly observed that there is no secret cavities in the vehicle in question, rather the alleged secret cavities were company made and not made by any Mechanic later. The appellant has produced the original file of the registration along with copy of the registration and also the documents, on the basis of which he has purchased the same. Presently, there is no other rival claimant, besides, there is no possibility of the same being tempered in view of the observations of the learned Trial Court; moreover, there is also no possibility of the arrest of POs in the near future and thus, the vehicle in question cannot be kept with the Police for indefinite period.
6. In view of the above, the instant appeal is allowed and the vehicle in question be returned on superdari to the appellant provided he furnishes surety/security bond to the tune of Rs. 10,00,000/- (Rupees Ten Lac) to the satisfaction of the learned Trial Court, with undertaking that he shall not dispose of it till final conclusion of the case and shall be bound to produce it as and when required by the Court.
(A.A.K.) Appeal allowed
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