2012 PLP 485 (YLR)
SAJAD-UR-REHMAN — Appellant Versus THE STATE — Respondent
| Citation | 2012 PLP 485 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Syed Sajjad Hassan Shah and Fazal-e-Haq Abbasi, JJ |
| Parties | SAJAD-UR-REHMAN — Appellant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 485 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 485 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Syed Sajjad Hassan Shah and Fazal-e-Haq Abbasi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 485 (YLR) (SAJAD-UR-REHMAN — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ali Zaman for Appellant.
- Shakeel Ahmad (ANF) for Respondent.
- Date of hearing: 6th October, 2011.
Headnotes / Summary
S. 517
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Accused in the case had already been convicted and sentenced by Trial Court
Appellant was not an accused in the case and he happened to be a registered owner of the vehicle in question
No other person had so far come forward to claim ownership or possession of the said vehicle
Appellant had undertaken to produce the vehicle before any court of law if and when required to do so
Said vehicle was given to the appellant (applicant) on his furnishing surety bond in the sum of Rs.200,000 with two sureties in the like amount to the satisfaction of the Trial Court. 2011 SCMR 1471 rel.
Judgment & Decree
SYED SAJJAD HASSAN SHAH, J.
Sajad-ur-Rehman, the appellant impugned herein the judgment and order dated 17-3-2011 passed by the learned Judge, Special Court (CNS), Khyber Pakhtunkhwa, Peshawar, whereby, the application of the appellant for the return/superdari of Car bearing Registration No. BRE-921 confiscated in case F.I.R. No.50 dated 1-10-2009 under section 9-C C.N.S.A. of Police Station, Anti-Narcotics Force, Peshawar was turned down.
2. Arguments of the learned counsel for the appellant and the learned D.A.-G. heard at length, and record carefully perused.
3. It has straightaway been observed by us that the present appellant was not an accused person in the above mentioned criminal case and the accused persons nominated in the F.I.R. namely Gul Saeed Jan and Nadeem have, already been convicted and sentenced by the learned Judge, Special Court (CNS), Peshawar for the offence committed by them.
4. The appellant happens to be a registered owner of the said vehicle and no other person has so far come forward to claim ownership or possession of the vehicle in question. Admittedly, the appellant is not an accused person in the above mentioned criminal case and he undertakes to produce the vehicle in question before any Court of law if and when required to do so. Reliance placed upon 2011 SCMR 1471.
5. In view of the above, this appeal is accepted and the vehicle in question be given to the appellant on furnishing surety bond in the sum of Rs.2,00,000 with two sureties each in the like amount to the satisfaction of the trial Court. This appeal is disposed of in these terms. N.H.Q./321/P Appeal accepted.