منشیات کے مقدمات میں گاڑی کی سپرداری کے حوالے سے لاہور ہائیکورٹ کا انتہائی معلوماتی فیصلہ

 The CNSA is lex specialis. Therefore, in cases thereunder, the articles connected with narcotics must be dealt with in accordance with sections 32 and 33 and the proviso to section 74 of the CNSA. A vehicle seized under the CNSA is not liable to be confiscated, and an individual can seek its release if he can establish that he is its lawful owner, that he is neither the accused nor an associate or a relative of the accused or an individual having any nexus with the accused. Conversely, the prosecution must demonstrate that the applicant knew the offence was being or was to be committed. Hence, it cannot be laid down as an absolute rule that a vehicle should always be released to its owner following an acquittal. Instead, each case should be decided on the basis of its peculiar facts and circumstances.

Crl. Appeal-Against Interim Order-CNSA
460-23
MUHAMMAD AKRAM VS ASJ ETC.
Mr. Justice Tariq Saleem Sheikh
06-03-2024
2024 LHC 2375