ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln. No.D-16 of 2022.

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DATE                   ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

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01. For orders on office objection “A”.

02. For orders on M.A.No.4385/2023.

03. For orders on M.A.No.4386/2023.

04. For orders on M.A.No.4387/2023.

05. For hearing of main case.

28.03.2023

                        Mr. Pir Bux Solangi, Advocate for the applicant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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                        By way of instant criminal revision application, the applicant has impugned the property order dated 20.04.2022, passed by learned 1^st Additional Sessions Judge/MCTC, Jacobabad, whereby his Mazda vehicle bearing registration No.NAE-200 Quetta has been confiscated in favour of the State to be disposed of by way of auction.

                        It is contended by learned counsel for the applicant that the applicant is lawful owner of the subject vehicle; therefore, he was to have been heard by learned trial Court before ordering confiscation of his vehicle.

                        Learned Addl.P.G for the State has sought for dismissal of the instant criminal revision application by contending that the subject vehicle has been used in commission of the incident and has rightly been confiscated by learned trial Court.

                        Heard arguments and perused the record.

                        The applicant is claiming to be owner of the subject vehicle and he obviously has not been heard by learned trial Court before recording its confiscation; it is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, which prescribes right of fair trial to everyone; consequently, the impugned order only to the extent of confiscation of subject vehicle is set aside with direction to learned trial Court to pass the same afresh after providing chance of hearing to all the concerned.

                        The instant criminal revision application is disposed of accordingly together with listed applications.

   JUDGE

JUDGE