| Case ID |
37b7798a-3ab8-4ecc-b631-e8b51e0a12e9 |
| Body |
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| Case Number |
Criminal Appeal No. 184 of 2015 |
| Decision Date |
Sep 09, 2015 |
| Hearing Date |
Jul 09, 2015 |
| Decision |
The appeal was allowed, and the impugned order dated 17.02.2015, passed by the learned Additional Sessions Judge, Rojhan, was set aside. The motor car was ordered to be released and handed over to the appellant on superdari, subject to furnishing a surety bond of Rs. 500,000 to the satisfaction of the Investigating Officer. The court found that the appellant had no knowledge of the narcotic substances being transported in the vehicle and that the indefinite retention of the car would lead to its deterioration. |
| Summary |
In the case of Criminal Appeal No. 184 of 2015, the Lahore High Court addressed the issue of superdari concerning a vehicle involved in the transfer of narcotic substances. The appellant, Allah Bakhsh, argued that he was the sole owner of the car and had no knowledge of its use in a narcotics offense. The court highlighted the importance of evidence regarding the owner's knowledge, referencing previous cases to establish that indefinite retention of the vehicle without progress in the case was unjustified. Ultimately, the court ruled in favor of the appellant, allowing the release of the vehicle on the condition of a surety bond. This case emphasizes the rights of vehicle owners under the Control of Narcotic Substances Act, particularly regarding the presumption of knowledge and the need for timely judicial proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Hafiz Shahid Nadeem Kahloon, Justice,
Joseph James
|
| Lawyers |
Malik Aamir Manzoor Awan,
Muhammad Ali Shahab
|
| Petitioners |
Allah Bakhsh
|
| Respondents |
The State
|
| Citations |
2016 SLD 2261,
2016 YLR 1105
|
| Other Citations |
Haji Abdul Razzak v. Pakistan through Secretary Ministry of Finance and another PLD 1974 SC 5,
Allah Ditta v. The State 2010 SCMR 1181,
Abdul Salam v. The State 2003 SCMR 246
|
| Laws Involved |
Control of Narcotic Substances Act, 1997
|
| Sections |
48,
32,
74
|