QAMBAR ALI Versus THE STATE

ORDER

1. MUHAMMAD ROSHAN ESSANI, J. ‑‑‑By this criminal miscellaneous application, the applicants Qamber Ali and Ghulam Hyder have assailed the order, dated 6‑7‑2000 passed by the learned Sessions Judge, Khairpur.

2. The brief facts of the case are that on 21‑3‑2000 at about 3. p.m. Inspector Ghulam Akber Waggan of C.I.A. Police on receiving information apprehended Ali Gut Rind, who was plying the tractor. On the search one plastic bag containing 700 grams Charas (Canabis Resin) were recovered from the tractor. Accused,‑narcotic and tractor were taken in custody by the police under Mashirnama. After usual investigation accused Ali Gut and others were sent up to stand trial.

3. The applicants moved the trial Court for the restoration of tractor, but request of the applicants was 'turned down by the trial Court.

4. We have heard Mr. Sajjad Hussain Kolachi learned counsel on behalf of applicants, Mr. Sher Muhammad Shar learned A.A.‑G. on behalf of the State as well as Mr. Faizullah Korai, Special Prosecutor on behalf of the A.N.F. Authorities. The latter both the learned counsel have opposed the prayer of the applicants.

5. We have also perused the material placed on the record as well as police record with the assistance of the learned counsel for the parties.

6. The perusal of record shows that the narcotic was recovered from the tractor belonging to the applicants. The section 74 of the Control d Narcotic Substances Act, 1997 puts embargo on the release of any vehicle IA used for the purpose of the transportation of narcotics. It will be pertinent to reproduce hereinbelow section 74 of the Control of Narcotic Substances Act, 1997 for ready reference:‑‑

7. "74. Application of other laws . ‑‑‑If an offence punishable under this Act, is also an offence in any other law for the time being in force, nothing in that law shall prevent the offender from being punished under this Act:

8. Provided that nothing contained in section 523 of the Code of Criminal Procedure, 1898 (Act V of 1898), or any other provisions of the said Code or any other law for time being in force, the custody of narcotic drugs, psychotropic substances, controlled substances, any material utensils used for production or manufacture of such drugs or substances, or any conveyance used in import, export, transport or transshipment thereof or for commission of an offence under this Act, shall not be given on custody to the accused or any of his associate or relative or any private individual till the conclusion of the case."

9. The plain reading of the above provisions of law shows that custody of a vehicle cannot be given to any person till the conclusion of the case. Admittedly the case has not been decided by the trial Court.

10. Consequently the application is misconceived and dismissed.

11. N.H.Q./Q‑6/K ??????????????????????? ??????????????????????????????????????????????????????????? Petition dismissed.