ORDER SHEET

HIGH COURT OF SINDH AT KARCHI

Cr. Revision Application No.35 of 2009

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Order with signature of Judge

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For Katcha Peshi.

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19.05.2009.

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Mr. Sibtain Mehmud, Advocate for the applicant.

Mr. Ashfaq Hussain Rizvi, Special Prosecutor ANF.

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This Revision has been filed against the order of Special Court-I (C.N.S.) Karachi dated 03.12.2008, whereby trailer No.TLB-123, Model 1991 has been released against furnishing of surety in the sum of Rs.5,00,000/-.

Learned counsel submits that since the number of trailer has not been mentioned in the FIR nor anything has been recovered from that trailer, therefore, its confiscation by the ANF was illegal. He submits that the only fault on the part of trailer is that it was in the godwon where another trailer No.6168 was standing and narcotic was allegedly recovered from it. He submits that the said trailer would have been released without any surety and is not liable to confiscation.

Mr. Ashfaq Hussain Rizvi, Special Prosecutor, ANF submits that information was in respect to the activities of narcotic by named persons and on that information a team of ANF officials raided the godwon where they found certain articles including trailers and from trailer No.6168, certain recoveries have been made and since trailer No.TLB-123 has also link with the godown, a possible link with the owner as well as some involvement is to be investigated. He submits that the person, who was using the godwon as a tenant, is still absconder and the link of trailer with him as well as the activities going on are to be further investigated.

Keeping in view the factual position, it cannot be said at the moment as to what could be the consequences of the presence of trailer in question and if any order is passed by this Court in respect to its involvement or otherwise, it would have impact on the merit of the case. In the circumstances, impugned order of the trial Court in respect to the custody of trailer on surety seems to be quite proper and this Revision Application is dismissed.

JUDGE