' IJAZ AHMAD CHAUDHRY, J.---This Criminal revision has been filed against the order darted 16-3- 2005 passed by Additional Sessions Judge, Sahiwal through which application for superdari moved by the petitioner was rejected.
2. Facts of the case are that F.I.R. No,110, dated 15-4-2004 was registered under section 9(c) C.N.S.A., 1997 at Police Station, Yousaf Wala at the instance of Shafqat Ali, A.S.-I. Allegation in the F.I.R. Is that 2 K.Gs. Of Charas was recovered from the said car, which was being driven by Allah Yar.
3. It is contended that the petitioner is owner of the car and had no knowledge that the said articles were kept in the said car. It is also contended that the learned trial Court has rejected the application merely on the ground that the car could be confiscated under section 32 of the C.N.S.A., 1997. Learned counsel for the petitioner relies upon Aamir Khalil v. Government of Pakistan through Director-General, A.N.F., Rawalpindi and 5 others (PLD 2004 Peshawar 251) in support of his contention and prays for supardari of the said car till the disposal of the main case.
4. Learned State Counsel has opposed the petition on vague grounds.
5. I have heard learned counsel for the parties and perused the record. Under the relevant provisions, a car only be confiscated if it is found that the owner of the car is also involved in the commission of the offence. In the present case, the petitioner is not an accused and there is no evidence against the petitioner to connect him with the crime. The petitioner has produced registration book which is in his name. The car was being driven by Allah Yar, who is the main accused and in the absence of any evidence against the B petitioner, who has been found innocent in the case, prima facie, he has succeeded in making out a case for interim custody of the car being owner. This petition is accepted and the learned trial Court is directed to pass an order for superdari of the said car n favour of the petitioner subject to deposit of reasonable surety bond to his satisfaction after verifying the documents from the relevant, quarters, till the final disposal of the main case.