Present:

Mr.Justice Faisal Arab &

Mr.Justice Muhammad Ali Mazhar.

Cr.Misc.A.No.D-320 of 2010

For Katcha Peshi

01.11.2010.

Mr.Abdus Salam Arain for the applicant.

Mr.Shyam Lal, Assistant Prosecutor General.

O R D E R

FAISAL ARAB, J. The applicant claims to be owner of truck No.LSB-3090 and seeks its release on superdari till the disposal of the case against the third accused.

The facts of the case are that the truck was seized carrying a wagon and in concealed compartment of the wagon 20 kg charas was recovered. The owner of the wagon was also travelling in the truck. Three persons including owner of the truck i.e. applicant were arrested. However, those who were driving the truck were acquitted by this court in Criminal Appeal No.D-64/2007. The case against the owner of the wagon is pending.

Learned counsel for the applicant states that as the applicant has been found innocent in the matter, the truck belonging to him may be released on superdari upon execution of P.R. bond till disposal of the case against the third accused.

Let the truck No.LSB-3090 be given on superdari to the applicant subject to furnishing personal bond in the sum of Rs.1000,000/- (one million) before the Additional Registrar of this Court till final disposal of the case. The applicant shall be bound to produce the truck before the trial court if and when required in connection with the proceedings of the case and the applicant shall not create third party interest.

A copy of this order be sent to the Excise and Taxation Department for keeping appropriate entries on the record of the file of the truck.

This Criminal Miscellaneous Application stands disposed of.

JUDGE

JUDGE

N.M.