ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA.

Cr. Misc. Appln. No. D-09 of 2021.

Date                            Order with signature of Hon’ble Judge

For hearing of main case. 

23.02.2022.

Mr. Jai Kumar B.Lund, Advocate for the applicant.

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

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                        Facts in brief necessary for disposal of instant Crl.Misc.Application are that accused Noor Ahmed was arrested by police party of P.S New Foujdari, Shikarpur, led by ASI Manzoor Ali, when he was found travelling in subject Car. On search from him allegedly was secured 1500 grams of Charas, for that he was booked accordingly.

                        The applicant having been denied custody of the subject Car on superdari by learned Sessions Judge/Special Judge (CNS), Shikarpur; has sought for the same from this Court by way of instant Crl.Misc.Application u/s.561-A Cr.PC.

                        It is contended by learned counsel for the applicant that the applicant is lawful owner of the subject Car and very case on investigation was recommended by the police to be cancelled under false “B” class; therefore, the applicant could not be denied its custody on superdari.

                        Learned D.P.G for the State has sought for dismissal of the instant Crl.Misc.Application by contending that the subject Car has been used in commission of the incident.

                        We have considered the above arguments and perused the record.

                        Admittedly, the Charas was not kept concealed in any of cavity of the subject Car; it was allegedly secured from accused Noor Ahmed on his physical search. The very case was recommended by the police to be cancelled under false “B” class. The applicant is lawful owner of the subject Car; therefore, he could not be denied its custody on superdari under peculiar circumstances of the case; same is allowed in his favour subject to his furnishing surety in sum of Rs.100,000/- and P.R bond in like amount to the satisfaction of learned trial Court.

                        The instant Crl.Misc.Application is disposed of accordingly.  

      JUDGE

JUDGE