RAJAB ALI vs THE STATE
This criminal revision application challenges an order passed by the Sessions Judge, Larkana, which refused the applicant's request for the release of his motorcycle on Superdari. The applicant, Rajab Ali, was arrested in connection with a case registered under the Control of Narcotic Substances Act, 1997, following the recovery of heroin from his person and that of a co-accused. The core legal question was whether the applicant was entitled to the interim custody of his motorcycle, which had been seized by the police during the arrest. The Court observed that the narcotics were recovered directly from the persons of the accused, not from the motorcycle itself. Consequently, the Court allowed the revision application, set aside the trial court's order, and directed the release of the motorcycle to the applicant on Superdari. The judgment establishes the principle that where a vehicle is not the instrument of the crime or the site of recovery of contraband, there is no legal justification for retaining it in police custody during the pendency of the trial.
- Is a vehicle subject to Superdari if the contraband was recovered from the person of the accused rather than the vehicle itself?
- Does the trial court have the authority to release a vehicle on Superdari under Section 516-A of the Code of Criminal Procedure 1898 in a narcotics case?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
- Section 516-A, Code of Criminal Procedure 1898
ORDER
1. ' MUHAMMAD ROSHAN ESSANI, J.---Miscellaneous Application No,2436 of 2001: The relief sought in the present application was already granted by order dated-19-2-2002 on office note as flag 'A', as such the application stands disposed of.
2. By this criminal revision application, the applicant Rajab. Ali has assailed the order passed by the learned Sessions Judge, Larkana in a case registered under sections 6/9 of the Control of Narcotic Substances Act, 1997 which arose out of F.I.R. No,19 of 2001 of Police Station Dokri, District Larkana.
2. The brief facts of the prosecution case are that on 1-4-2001 the applicant Rajab Ali and one Asghar Junejo while going on motorcycle were apprehended by the police and 40 grams of heroin was recovered from the pocket of the shirt of each accused. After usual investigation they were sent up to stand trial.
3. The applicant moved the trial Court under section 516-A, Cr.P.C. For the return of motorcycle but his request was turned down by the trial Court by impugned order dated 3-9-2001.
4. ' We have heard Mr. Muhammad Waseem Samo learned counsel appearing on behalf of the applicant and Mr. Habib Ahmed learned A.A.-G. Appearing on behalf of the State. The latter conceded to the prayer of the applicant.
5. The perusal of the record shows that the alleged narcotic was not recovered from the motorcycle but the same was recovered from the persons of the accused. Resultantly, the criminal revision application is allowed. The trial Court is directed to release the motorcycle to the applicant on Superdari.