18/2011 Cr.Rev Farooque Ahmed Thaheem (Applicant) V/S The State (Respondent)

Sindh High Court2013

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Syed Muhammad Farooq Shah

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18/2011 Cr.Rev Farooque Ahmed Thaheem (Applicant) V/S The State (Respondent) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui, Hon'ble Mr. Justice Syed Muhammad Farooq Shah Order Date: 23-JAN-13 It is the matter of fact that neither in the judgment passed by the Special Judge, CNS, Jacobabad nor in the Appeal No.D-29/2008 is the case of prosecution that the owner of the vehicle was involved or in knowledge that the offence was being, or was likely to be committed so as to disentitle the applicant in terms of provisio of section 32 of the Control of Narcotic Substances, Act, 1997. In terms of said proviso, the applicant was made entitled for the custody of the vehicle since his knowledge/involvement is not at all high lighted or referred to either before the trial in evidence or in the judgment of the trial Court as well as in the appellate Court.
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