THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Revision Application No.D-15 of 2018

Before:

Mr. Justice Shamsuddin Abbasi

Mr. Justice Amjad Ali Sahito

Applicant: Wajid Ali Barakazai through Mr. Habibullah G. Ghouri, Advocate.

Respondent: The State through Mr. Ali Anwar Kandhro, Additional Prosecutor General, Sindh.

Date of hearing: 25.10.2022

Date of Order: 25.10.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Revision Application, applicant Wajid Ali son of Abdul Salam Barakazai has called in question Order dated 17.03.2018, passed by learned Sessions Judge/Special Judge Narcotics, Shikarpur, whereby he has dismissed an application filed by applicant in terms of Section 517 Cr.P.C, for return/ restoration of Mini Bus/Mazda bearing Registration No.PE-3449, Model 1995, Engine No.5051431, Chassis No.302974, 3500cc on superdari involved in Crime No.02/2013 for offence under sections 9(c) read with section 15 of Control of Narcotic Substances Act, 1997 (CNSA) registered at Police Station Excise Circle, Shikarpur.

2. The background of the case is that said vehicle was obtained by Khanewat Khan son of Itlak Khan resident of House No.A-49, Malir Colony Tanki, Malir Karachi from UBL Bank Limited on installment basis, which was intercepted by Excise Police Shikarpur on 30.11.2013, having two persons on board namely Sadiq Ali and Rafique Ahmed. The said vehicle was searched by the Excise Police and recovered 40 kilograms of chars from it. Such F.I.R. bearing Crime No.02/2013 was registered at Excise Police Station, Shikarpur against both the persons, who were tried and acquitted by the trial Court vide Judgment dated 08.09.2014 and the vehicle was ordered to be restored to its owner, but the previous owner did not appear to obtain possession of vehicle from 08.09.2014 to date.

3. The learned trial Court while dismissing the application has observed, as under:

“As mentioned above the vehicle was involved in a narcotic case so it was taken in to police custody and it is still lying parked at Excise Circle Police Station, Shikarpur since 08.09.2014. Although accused have been acquitted by my predecessor and vehicle has been ordered to be restored to its owner, but due to pendency of appeal before the Honourable High Court of Sindh, Circuit Court, Larkana the fate of the judgment is yet to be decided by the Honourable High Court of Sindh.”

4. Learned counsel for applicant mainly contended that applicant had purchased the vehicle in question from its previous owner namely Khanewat Khan, who purchased the said bus through UBL Bank on installment basis. He next contended that applicant being owner of vehicle is entitled to have its custody on “superdari” basis.

5. Conversely, learned Additional Prosecutor General appearing for the State contended that vehicle in question was involved in transmission of narcotic substance and seized alongwith the accused. He further contended that during custody of the vehicle in question with police no body turned up to claim as the present applicant is not real owner of the vehicle and admittedly he has purchased it from previous owner namely Khanewat Khan, who did not turn up to claim the custody of the mini bus/mazda, which creates suspicion.

6. Heard and perused. Admittedly, during pendency of the case, the applicant has filed application under section 516-A Cr.P.C., whereas after disposal of the case he has filed application for restoration of the Mini Bus/Mazda bearing Registration No.PE-3449. The applicant claims that without having physical possession of the vehicle he had purchased it from previous owner Khanewat Khan and got the record of the ownership in his name without physical verification by Excise and Taxation Office/Motor Vehicle Registration Wing, Karachi vide letter No,ETO (O.R.C.)/209 Karachi dated 31.10.2017. It is appealing no prudence in mind that transfer of vehicle without having physical possession and physical verification was done by the present applicant. Though applicant has produced copies of documents in support of his claim, but he has not produced previous/real owner namely Khanewat Khan son of Itlak Khan, resident of House No.A-49, Malir Colony Tanki, Malir Karachi before the trial Court for determination/verification of the sale of the vehicle to the present applicant. Admittedly, the original documents of the vehicle were lost and despite knowing such fact the applicant purchased the vehicle later he obtained fresh documents in collusion with Excise Registration Officials, who too transferred the same without obtaining NOC from the Court, the whole exercise creates severe doubts.

7. In view of the above, the impugned order passed by the learned counsel trial Court does not call for interference by this Court. Accordingly, the instant Criminal Revision Application stands dismissed.

J U D G E

Manzoor