ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Revision Appln.No.D-10 of 2021

DATE                           ORDER WITH SIGNATURE OF JUDGE

Present:

Khadim Hussain Tunio, J.

                                                                                                 Irshad Ali Shah, J.

01. For orders on office objection “A”.

02. For the hearing of the main case.

31.07.2024

Mr. Ashique Illahi Sundrani, Advocate for the applicant.

Mr. Aitbar Ali Bullo, D.P.G for the State.

  -.-.-.-.-.-.-.-.-.-

1.                    Over-ruled.

2.                    The facts in brief necessary for disposal of instant criminal revision application are that accused Jan Muhammad and Hazratullah were found transporting 19 K.Gs of Charas through their Hino Truck bearing Registration No.Z-7138; they were booked accordingly and on completion of the trial were convicted u/s. 9(c) of CNS Act, 1997, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100,000/- each, by learned 1^st Additional Sessions Judge/MCTC/Special Judge CNS Kandhkot, vide judgment dated 31.08.2019. The case property was kept preserved till the disposal of the case against absconding accused Raheem Khan. The sentence awarded to the said culprits was maintained not only by this Court but also by the Apex Court. In the meanwhile, the applicant claiming to have purchased the subject Truck from the absconding accused Raheem Khan by way of an agreement, sought its custody by making an application u/s.517-A Cr.PC; it was dismissed by the learned trial Court vide order dated 21.05.2021, which is impugned by the applicant before this Court by making the instant criminal revision application.

                        It is contended by learned counsel for the applicant that the applicant is the lawful purchaser of the subject Truck; its custody has been denied to him by the learned trial Court without lawful justification by way of impugned order, the same being illegal is to be set aside by this Court with direction to learned trial Court to restore its custody to the applicant, on furnishing the requisite security, which is opposed by learned D.P.G for the State by contending that the subject Truck has been used in commission of the incident and is to be produced in evidence against absconding accused Raheem Khan.

                        Heard arguments and perused the record.

                        Admittedly, the subject Truck is owned by absconding accused Raheem Khan; the applicant is claiming to have purchased the same from him through an agreement; such agreement appears to have been managed only to grab the subject Truck and to save the absconding accused from legal consequences. In these premises, the learned trial Court was right to dismiss the application of the applicant for restoration of the subject Truck in favour of the applicant, by way of impugned order; it is not found illegal to be interfered with by this Court.

                        Above are the reasons of our short order of even date whereby the instant Crl.Revision Application was dismissed.

JUDGE

JUDGE