734/2022 Criminal Miscelleneous MUHAMMAD ANWAR S/O MURTAZA (Applicant) V/S THE STATE & ANOTHER (Respondent)
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
734/2022 Criminal Miscelleneous MUHAMMAD ANWAR S/O MURTAZA (Applicant) V/S THE STATE & ANOTHER (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 25-NOV-24
Primarily, seized vehicles can generally be released during criminal trials. However, under the CNSA, vehicle release during drug offense trials is restricted. Only the lawful owner, who was/is unaware of the intended crime and has no connection to the accused, can seek release on Superdari. The prosecution must prove the owner's knowledge during the trial. The court can grant interim release if satisfied with the owner's claim and lack of association with the crime. To prevent the registration of crime-involved vehicles, the Supreme Court in the case of Amjad Ali Khan Vs the State vide order dated 13.03.2020, considered amending the Motor Vehicle Ordinance (MVO) and its rules. Additionally, develop an online verification system for vehicle crime history, require a No Objection Certificate from the police or an affidavit from the transferor/transferee at the time of registration.