SAJADURREHMAN vs THE STATE
This criminal appeal challenges the order of the Special Court (CNS), Peshawar, which dismissed the appellant's application for the superdari (custody) of a confiscated vehicle, bearing Registration No. BRE-921, involved in a narcotics case. The core legal question was whether a vehicle used in a narcotics offence could be returned to its registered owner when that owner was not an accused in the criminal proceedings and no other party had claimed ownership. The Peshawar High Court observed that the appellant was not an accused in the FIR, and the actual accused persons had already been convicted and sentenced. Finding that the appellant was the undisputed registered owner and noting the absence of competing claims, the Court held that the vehicle should be released to the appellant. The key principle laid down is that where a vehicle is confiscated in a criminal case, the court may grant superdari to the registered owner, provided they are not an accused in the case and furnish adequate surety bonds to ensure the vehicle's production before the court when required.
- Can a vehicle confiscated in a narcotics case be released to a registered owner who is not an accused in the criminal proceedings?
- What conditions must be met for the release of a vehicle on superdari to a non-accused owner?
- Section 9-C, Control of Narcotic Substances Act 1997
' SYED SAJJAD HASSAN SHAH, J.---Sajad-ur-Rehman, the appellant impugned herein the judgments and order dated 17-3-2011 passed by the learned Judge, Special Court (CNS), Khyber Pakhtunkhwa, Peshawar, whereby, the application of the appellant for the return/superdari of Car bearing Registration No, BRE-921 confiscated in case F.I.R. No,50 dated 1-10-2009 under section 9-C C.N.S.A.
Of Police Station, Anti-Narcotics Force, Peshawar was turned down.
2. Arguments of the learned counsel for the appellant and the learned D.A.-G. Heard at length, and record carefully perused.
3. It has straightaway been observed by us that the present appellant was not an accused person in the above mentioned criminal case and the accused persons nominated in the F.LR. Namely Gul Saeed Jan and Nadeem have, already been convicted and sentenced by the learned Judge, Special Court (CNS), Peshawar for the offence committed by them.
4. The appellant happens to be a registered owner of the said vehicle and no other person has so far come forward to claim ownership or possession of the vehicle in question. Admittedly, the appellant is not an accused person in the above mentioned criminal case and he undertakes to produce the vehicle in question before any Court of law if and when required to do so. Reliance placed upon 2011 SCM R 1471.
5. In view of the above, this appeal is accepted and the vehicle in question be given to the appellant on furnishing surety bond in the sum of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of the trial Court. This appeal is disposed of in these terms.