ORDER SHEET
IN THE HIGH COURT OF SINDH BENCH AT SUKKUR
Crl.
Misc. Application No. D-11 of 2022
(Ameer Wali Khan Vs.
The State)
1. For Orders on
office objection.
2. For hearing of main case.
14-02-2023.
Mr.
Abdul Baqi Jan Kakar,
advocate for applicant.
Mr.
Mohsin Ali Khan, Special Prosecutor ANF.
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The
applicant by way of instant Crl. Misc. Application under
section 561-A Cr.P.C has sought for custody of the
Bus subject matter of the present case on superdari for the reason that he is its bonafide
purchaser and there exist no reasonable ground to believe that it has been used
in commission of alleged incident. Apparently on search from its secret
cavities have been secured 32.400 Kilograms Opium by police party of ANF Sukkur;
it is subject to confiscation in terms of section 32 of Control of Narcotic
Substance, Act, 1997, as such its custody could not be restored to the
applicant on superdari
under the deception that he is its bonafide purchaser
and there exist no reasonable ground to believe that it is used in commission
of incident, consequently instant Crl. Misc. Application
is dismissed.
Judge
Judge
Nasim/P.A