Nadir Khan vs State

2012 Y L R 2011 [Peshawar]

Before Waqar Ahmed Seth, J

NADIR KHAN---Petitioner Versus THE STATE---Respondent

Criminal Revision No.164 of 2012, decided on 3rd February, 2012.

Criminal Procedure Code (V of 1898)---

----5. 516-A---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Trafficking of narcotics---Superdari of vehicle allegedly used in offence---Vehicle in question, was taken by DSP Headquarters for his personal use which was kept by him in his custody---Nothing had been brought on record that the petitioner was having knowledge or any link with the accused---Right from the registration of the case, no one else had claimed ownership of vehicle in question; in such a situation decline of Superdari of vehicle in question to the petitioner would serve no useful purpose---Vehicle in question was exposed to open sky and its condition was likely to be deteriorated daring peadency of the trial---Petitioner hating made out a case for Superdari of vehicle, he was granted superdari of vehicle in question on furnishing hail bond.

Arshad Hussain Yousafzai for Petitioner.

Abida Safdar for the State.

Date of hearing: 3rd February, 2012.

JUDGMENT

WAQAR AHMAD SETH, J.---Called into question is the order dated 12 10.2011 of learned Additional Sessions Judge, Shabqadar whereby application of petitioner for superdari or vehicle bearing Registration No.U-9025 Peshawar has been dismissed.

2.The local police of Sro Killi were haying information regarding smuggling of narcotics through motor car bearing Registration No.1r-9026/Peshawar, thus, believing the same to be true, they laid a picket at the crime spot when in the meanwhile motor bearing Registration No. U-9025/Peshawar appeared on the scene, which was signalled to stop. On inquiry, the driver disclosed his name as Wilayat Shah son of Mian Gul resident of Afghan Colony, Peshawar. Search of the motorcar was carried but wherefrom beneath the driver's seat a packet containing chars weighing 1200 grams was recovered. Sample of five grams was separated to chemical analysis while the rest was sealed into separate parcel, hence the case was registered vide F.I.R. No.469 dated 12-8.2011 for offence under section 9(c) C.N.S.A. at Police Station Sro Kill', Charsadda against the said accused.

3.Learned counsel for petitioner contended that the petitioner is lawful owner of the vehicle in question but despite that the learned lower court has wrongly dismissed his application for superdari; that the petitioner has neither been nominated in the F.I.R. nor there is any iota of evidence connecting him with the alleged offence; that the vehicle in question is neither stolen nor involved in any other criminal act, hence no more required to the local police for any kind of investigation; that the petitioner was having no knowledge of the misuse of his car by the accused, therefore, its superdari has been denied for no valid reason; that there rs no rival claimant of the disputed vehicle and the Same is exposed to open sky, hence is likely to be deteriorated for no useful purpose.

4.To the contrary, learned State counsel contended that, the vehicle in question has been used in the instant crime and the question of having no knowledge by the petitioner would be determined at the trial, therefore, in this view of the mattes, the petitioner is not entitled to superdari of the vehicle.

Arguments heard. Record perused.

5.The record reveals that the disputed vehicle was taken into possession wherefrom

contraband charas containing 1200 . g r a m s has been recovered from beneath the driver's seat. A letter dated' 19-8-2011 addressed to Additional Inspector General of Police Investigation Khyber Pakhtun khwa, Peshawar reveals that after seizure of rite vehicle, the same was taken by DSP, Headquarters Charsadda for his personal. use, which was kept by him in his custody till 15/16-8-2011. During the intervening period i.e. 13-8-2011 to 15/16- 8-2011, S.H.O. and S.-I. Nitre Muhammad 1.0. Police Station Sro Killi shown another recovery of 16 Kgs of charas dishonestly from the vehicle in question. When this fact came into the knowledge of Superintendent of Police, Investigation, Charsadda he suspended the said Niaz Muhammad I.O. and initiated departmental inquiry against him. .

6.Apart from the above, nothing has been brought on record that the petitioner was having knowledge or any link with the accused. Right from registration of the case till date, no one had claimed its ownership; hence in such situation the decline of superdari of the vehicle in question to petitioner would serve no useful purpose.

7.The vehicle is exposed to open sky and its condition is likely to be deteriorated during pendency of the trial

In view of the above, the petitioner has made out a case for superdari of the vehicle, hence this petition is allowed and the petitioner is granted superdari of the vehicle bearing Registration No.U-9025/ Peshawar Toyota Corrola on furnishing bail ponds in the sum of Rs.8.00,000 with two sureties each in the like amount to the satisfaction of learned trial Court.

P.13.T./204/P Petition allowed.