ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Misc. Appln. No. D- 210 of 2009.    

Date	Order with signature of Judge

1. For orders on office objection (A).

2. For Katcha Peshi.

08.10.2009.

                        Mr. Ali Nawaz Ghanghro Advocate, for applicant.

                        Mr. Abdul Hamid Bhurgri, Addl. A.G alongwith Mr. Ali Raza Pathan, State counsel.

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                        Through this criminal miscellaneous application, the applicant has called in question order dated 24.07.2009, whereby learned 1^st Additional Sessions Judge, Dadu, had rejected applicant’s plea for release of case property viz. Toyota Corolla Car No.ARC-298, with Engine No. 2NZ-FE-1299, Chasis No. NZE-120-60798, required in crime No. 101/2009, P.S Thariri Mohabbat, under section 9 (c) Control of Narcotic Substances Act, 1997.

                        Learned counsel for applicant has contended that the house of the applicant was raided by the police officials and the vehicle was taken by them simply to extort money and a false case was instituted by police official and vehicle was taken by them simply to extort money, however upon filing of a constitutional petition before this Court bearing C.P. No. 445/2009, challenging such illegal action, a false case in the shape of crime No. 101/2009 by showing recovery of 1600-grams of charas from Qurban Ali and Bashir Ahmed while traveling in the said car was instituted. It is submitted that this Court directed enquiry by appointing Anwar Ali Gopang, DSP Head quarters Shikarpur to certify the genuineness of the crime.  The officer has filed his detailed enquiry report, wherein he has concluded that a false case was instituted against the accused of crime No. 101/2009, under section 9 (c) of Control of Narcotic Substances Act, 1997, and has recommended taking action against the police officials involved in institution of such case beside its quashment.  Mr. Ghanghro has further contended that the police officer has brought the said vehicle in their personal use which decreases its value, and therefore, at-least for the time being the said car may be released on Superdari, pending quashment of proceedings as recommended.

                        Learned Addl. A.G. in the circumstances does not object to the release of vehicle on Superdari.

                        Looking at the peculiar circumstances of the case and admitted facts projected by the learned counsel for applicant we by allowing this application direct immediate release of the vehicle on Superdari to the applicant upon execution of personal bond/ undertaking to produce the vehicle as and when require.  Learned Addl. A.G. will ensure that the vehicle is brought in his office and delivered to the applicant tomorrow i.e. 08.10.2009, at 11.00 a.m.

                                                                                                            Judge

                                                                        Judge