| Case ID |
0b916d54-350a-439a-a5f6-54ffc3dfc709 |
| Body |
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| Case Number |
Criminal Appeal No. 63 of 2020 |
| Decision Date |
Jun 30, 2020 |
| Hearing Date |
Jun 22, 2020 |
| Decision |
The appeal was dismissed on the grounds that the appellant, Janan Khan, did not appear before the Trial Court and failed to provide authentic documentation proving ownership of the vehicle. The court noted that the vehicle was confiscated after it was used in the transportation of narcotics. The appellant's claims of being a bona fide purchaser and not being aware of the case were found unsubstantiated. The court advised the appellant to seek remedies available under the law before the Trial Court. The judgment highlighted the importance of presenting valid evidence and the due process of law, emphasizing that natural justice must be upheld in legal proceedings. |
| Summary |
The case involves an appeal by Janan Khan against the confiscation of his vehicle under the Control of Narcotics Substances Act, 1997. The vehicle, registered in his name, was seized by the Coast Guard after a significant quantity of charas was found hidden within. The appellant contended that he was the legitimate owner and had no knowledge of the narcotics being transported. However, the court found that he had not appeared before the Trial Court nor provided adequate proof of ownership during the proceedings. The appeal was ultimately dismissed, reinforcing the legal principle that ownership must be substantiated with credible evidence and that proper judicial procedures must be followed. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KAMRAN KHAN MULAKHAIL,
JUSTICE ABDUL HAMEED BALOCH
|
| Lawyers |
Talat Waheed Khan
|
| Petitioners |
JANAN KHAN THROUGH PURCHASE ON INSTALLMENTS KALEEMULLAH
|
| Respondents |
THE STATE THROUGH ONE BATTALION (QAID) PAKISTAN COASTAL GUARD, UTHAL AND ANOTHER
|
| Citations |
2021 SLD 165,
2021 MLD 80
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
32
|