ORDER SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Crl. Revision Appln. No.D-11 of 2020.

_________________________________________________________________

DATE                 ORDER  WITH  SIGNATURE  OF  HON’BLE  JUDGE

_________________________________________________________________

For hearing of main case.

24.05.2023

                    Mr. Muhammad Afzal Jagirani, Advocate for the applicant.

                    Mr. Mohsin Ali Pathan, Special Prosecutor ANF.

                    =  *  = * = * = * = * =

                    The facts in brief necessary for disposal of instant criminal revision application that the subject Car was allegedly used by the accused for transporting narcotics substance through it; it was restored in favour of the applicant on superdari, which he could not take on account of his failure to furnish his requisite surety. On conclusion of trial, the accused involved in the incident were convicted and sentenced while the subject Car was forfeited. On filing of appeal, the accused so convicted and sentenced by learned trial Court were acquitted by this Court; pursuant to such acquittal the applicant by filing an application under Section 517 Cr.PC sought for custody of the subject Car having purchased the same from its original owner by way of an agreement; it was dismissed by learned Sessions/Special Judge (CNS) Shikarpur, vide order dated 04.07.2020, which is impugned by the applicant before this Court by preferring the instant criminal revision application.

                    Heard arguments and perused the record.

                    The application of the applicant has been dismissed by learned trial Court mainly for the reason that by recording acquittal of the accused, no observation has been recorded by this Court with regard to disposal of the subject Car. There was hardly a need for this Court to have recorded observation for disposal of the subject Car for the reason that the judgment whereby the accused were convicted by learned trial Court was set aside and the property order was its part. In that situation, learned trial Court was to have passed the fresh order independently by attending the subsequent event with regard to the subject Car.

                    Consequent upon above discussion, the impugned order with consent of learned counsel for the parties is set aside with direction to learned trial Court to pass the same afresh on merits by providing chance of hearing to all the concerned.  

                    The instant criminal revision application is disposed of accordingly.

   JUDGE

JUDGE