2004 PLP 2358 (YLR)
KHALIQ AHMED — Petitioner Versus THE STATE-Respondent
| Citation | 2004 PLP 2358 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Raja Muhammad Sabir and Bashir A. Mujahid, JJ |
| Parties | KHALIQ AHMED — Petitioner Versus THE STATE-Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2004 PLP 2358 (YLR)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2358 (YLR)?
The case was heard and decided by the Lahore bench comprising: Raja Muhammad Sabir and Bashir A. Mujahid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2358 (YLR) (KHALIQ AHMED — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar lqbal Chohan for Petitioner.
Headnotes / Summary
S.9(b)
Criminal Procedure Code (V of 1898), Ss.439, 517 & 550
Car in question was taken into possession when Charas was allegedly recovered from the seat of driver of the car
Driver " had already been admitted to bail and trial had not commenced so far
Car in question was taken into possession under S.550, Cr. P. C. and petitioner was the only claimant of the said car
Car was lying at Police Station since it was taken into possession and its condition was to be further deteriorated if same was not granted on Superdari
Car was ordered to be released to petitioner/claimant, subject to his furnishing surety. Saifullah Khalid for the State.
Judgment & Decree
RAJA MUHAMMAD SABIR, J.--The petitioner in, this petition has challenged order of the learned Addl. Sessions Judge, Sialkot, dated 19-9-2002 whereby his application for grant of Superdari of his car bearing Registration No.STE-64, was declined. Briefly the facts of the case are that Car No. STE-64 was taken into possession in connection with case F.I.R. No. 293 of 2002 registered under- section 9-B of Control of Narcotic Substances Act for recovery of 210 grams of Charas from the driver Seat. The case was registered against Ziaul Haq alias Ziai driver of the petitioner and proceedings under sections 87/88, Cr.P.C. were under progre.ss when the impugned order was passed. However, according to learned counsel for the petitioner the driver has been arrested vide order, dated 28-12-2002. Learned counsel for the petitioner contends that the vehicle in question was not being used for trafficking narcotics. It is not the case property. The petitioner is its owner and has nothing to do with the offence allegedly committed by Zia-ul-Haq, driver of the car. The vehicle is lying in the Police Station since registration of case and its condition is considerably deteriorated. The petitioner is only claimant of the said car. Learned Addl. Sessions Judge has erred in law in dismissing the application for Superdari. Learned counsel for the State does not seriously oppose the prayer of the petifloner. Heard. Record perused. The record shows that the car in question was taken into possession when 210 grams Charas was recovered from the seat of Zia-ul-Haq, driver of the car. He has already been admitted to bail. The trial has not commenced so far. The vehicle was taken into possession under section 550, Cr.P.C. and the petitioner is the only claimant of the aforesaid car. The vehicle is lying in Police Station since 28-6-2002 and its condition is to be further deteriorated if the same is not granted on Superdari. In view of the aforesaid circumstances, we allow the revision petition and set aside the impugned order and direct Addl. Sessions Judge to release the car in question to the petitioner subject to his furnishing surety of Rs.80,000 and proof of ownership. H.B.T./K-26/L Petition allowed.