ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Revision No.D-39 of 2015

______________________________________________________________________ DATE ORDER WITH SIGNATURE OF JUDGE ______________________________________________________________________

For Katcha Peshi.

14-01-2016.

Mr. J.K Jarwar Advocate for applicant.

Mr. Zulifqar Ali Jatoi D.P.G for State

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Instant revision application has been filed on behalf of applicant Abdul Jabbar son of Sultan Ahmed Banbhan who claims to be owner of vehicle Suzuki Mehran Car No.AHF-043, bearing Engine No. B-297877 Chasis No.836387 Model 2004 of white colour, which according to learned counsel for the applicant has been falsely shown as case property by the police in crime No.03/2015 registered at Police Station Pir Wassan under section 9 (c) Control of Narcotic Substances Act,1997. Per learned counsel, the accused persons nominated in the above crime, namely Aftab Ahmed and Rajib Banbhan have been granted bail by learned Special Judge CNS, Khairpur, whereas the alleged recovery of charas was affected from the accused persons and not from the secret cavities of the vehicle/Car. Per learned counsel, the subject vehicle is lying at Police Station Pir Wassan which is being deteriorated day by day and there is likelihood that it will be completely destroyed which will cause serious financial loss to the applicant who has no connection whatsoever with the alleged crime, nor his vehicle has been used in the alleged crime. It has been prayed that subject vehicle may be released and the custody may be given to the applicant on superdari till pendency of trial in terms of section 32 of CNS Act whereas, the applicant is willing to submit surety and undertakes that such vehicle shall be produced before learned trial Court whenever required. It has been further argued that the impugned order is otherwise liable to be set aside as it does not contain any valid reasons and has been passed in violation of specific provision of law and the case law on the subject controversy. In support of his contention, learned counsel for the applicant has placed reliance on the case of Askari Leasing Limited through Branch Manager Vs. The State reported as 2007 P.Cr.L.J 755.

Learned D.P.G in view of the factual and legal position as stated above does not oppose the contention of learned counsel for the applicant and states that the verification report has also been received from Excise and Taxation Officer Motor Registration Wing Karachi which reflects that the registration book is genuine.

Accordingly, the impugned order passed by learned Special Judge CNS, Khairpur is set aside, learned trial Court is directed to hand over the custody of aforesaid vehicle to the applicant, subject to his furnishing surety in the sum of Rs.200,000/- and execution of bond to the effect that he will not dispose of the vehicle without permission of trial Court.

Revision application is allowed in above terms.

J U D G E

Irfan/PA