2024 M L D 1070
COMMISSIONERATE OF AFGHAN REFUGEES versus The STATE
Criminal Appeal No. 74897 of 2023
Vehicle used in transportation of narcotic --- Release of vehicle on superdari --- Owner having no knowledge of the vehicle being used for transporting narcotics --- Effect -- If the owner of the vehicle is not the accused of the case and has no knowledge that his vehicle would be used for trafficking narcotics , the provisions of S.74 of the Control of Narcotic Substances , Act 1997 ( " CNSA 1997 " ) shall not create any bar for giving the vehicle to him on temporary custody --- In the present case the narcotics were not recovered from the secret cavity of the vehicle in question which was being driven by the accused , rather the same were found lying in the trunk of the car and said accused himself handed over the same to the complainant / inspector- Admittedly , the vehicle in question was owned by the appellant / Commissionerate of Afghan Refugees --- Keeping in view the principles of law on superdari ( temporary custody ) , a appellant being in possession of valid documents showing its undisputed ownership , the appellant was entitled to the custody of vehicle in question --- High Court ordered that the vehicle in question be given to the appellant on superdari subject to furnishing of surety bonds with the direction that the appellant shall be bound to produce the vehicle before the trial court as and when so required during trial , and that the appellant shall also furnish an affidavit to the effect that he will not dispose of the vehicle till the final decision of the case
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