| Case ID |
09ed4952-cdc9-49dd-8237-74a9271d77ee |
| Body |
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| Case Number |
Crl. Rev. No. 36 of 2005 |
| Decision Date |
Jan 11, 2007 |
| Hearing Date |
Jan 08, 2007 |
| Decision |
The Lahore High Court allowed the petition for the release of the motor vehicle leased out to the accused, which had been seized by the police under the Control of Narcotic Substances Act, 1997. The court held that there was no evidence indicating that the petitioner, being a financial institution, had any knowledge of the vehicle being used for illegal activities. As such, the vehicle was entitled to be returned to the petitioner. The court emphasized the need for evidence of knowledge or association with the accused to justify the confiscation of the vehicle. The decision set aside the lower court's ruling and ordered the vehicle's release upon the petitioner providing a bond. |
| Summary |
In the case of Crl. Rev. No. 36 of 2005, the Lahore High Court addressed the issue of vehicle confiscation under the Control of Narcotic Substances Act, 1997. The petitioner, ASKARI LEASING LIMITED, had leased a vehicle to an individual who was later implicated in a narcotics case. The police seized the vehicle citing its involvement in illegal activities, but the petitioner argued that as a financial institution, it had no prior knowledge of the vehicle's intended use for criminal purposes. The court highlighted the importance of evidence in establishing knowledge or complicity in criminal activities, ruling that the mere leasing of the vehicle did not constitute grounds for its confiscation. The decision underscores the legal principles surrounding vehicle ownership and the rights of financial institutions in such contexts. This case is significant for legal practitioners dealing with narcotics law and property rights, as it clarifies the standards for vehicle release during ongoing narcotics investigations. |
| Court |
Lahore High Court
|
| Entities Involved |
ASKARI LEASING LIMITED
|
| Judges |
Maulvi Anwar-ul-Haq,
Abdul Shakoor Paracha
|
| Lawyers |
Mr. Rashid Sikandar Khawaja,
Sh. Muhammad Munir
|
| Petitioners |
ASKARI LEASING LIMITED
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3116,
2007 PLJ 539
|
| Other Citations |
2003 SCMR 246,
2006 YLR 1732
|
| Laws Involved |
Criminal Procedure Code, 1898,
Control of Narcotic Substances Act, 1997
|
| Sections |
516-A,
32,
74
|