Rafiq-ur-Rehman petitioner has filed this revision petition against the order of Additional Sessions Judge-III/Judge Special Court Nowshera dated 24.10.2007, whereby, the application for custody of Motor Car No, AKB-579 on `superdari' was rejected.
2. Facts of the case are that Sabir Hussain, Additional SHO Police Station Akora Khattak had lodged the report, which was registered in the shape of 'murasila' and later on incorporated in FIR No, 697 dated 5.9.2007, to the effect that the received a spy information that heroin and charges are likely to be smuggled from the tribal area to Punjab. On receiving this information, he laid a picket and in the meanwhile Motor Car No, AKB-579 coming from Peshawar side was stopped.
3. On checking the person who was occupying the driver's seat and was a young boy, he disclosed his name to be Awal Khan son of Shahpur, resident of Afghanistan, presently residing near Railway Phatak Chongi No, 7 Attock City. On search of the Motor Car two shopping bags black in colour containing charas which on weighing were found 2 K.Gs., the other shopping bag containing heroin which on weighing were found 2 K.Gs. In the other shopping bag two big packets and one small packet containing heroin were found which on weighing were found 10 K.G.s in the big packet while 500 grams in small packet. Then he took samples of 5 grams each from the charas and heroin and arrested Awal Khan aforesaid.
4. The petitioner submitted an application to the Judge, Special Court for the return of the vehicle, which came for hearing before Abdul Ghafoor Qureshi, Additional Sessions Judge-III/Judge Special Court, Nowshera, who vide order dated 24.10.2007, rejected the application for the custody of the Motor Car.
5. Learned counsel for the petitioner Mr. Hussain Ali Khan, Advocate submitted written arguments, wherein it was argued that the accused-petitioner being a lawful owner of the vehicle is entitled to the custody of the same. It was next argued that this vehicle has not been used in the commission of the offence nor there is any other claimant. He also submitted that this car is the only source of income of the petitioner, which has been parked in open sky and is liable to speedy deterioration, therefore, it was submitted that the car should be returned to the petitioner.
6. I have given my anxious thoughts to the facts of the present case. The case of the petitioner is that he is the owner of the car and he had given this car to a 'rent a car dealer' namely, `Maashallah rent a car service' near Islami High Court, Attock City and in turn it was rented out to Awal Khan son of Shahpur. He has placed on record agreement of `Maashallah rent a car' dealer Annexure 'C', perusal of which shows that this agreement is an unsigned document. It has not been signed either by the 'rent a car dealer' or by the petitioner.
7. Perusal of the record would reveal that the car is a case property in case FIR No, 697 dated 5.9.2007, in which huge contraband items were recovered and case was registered under Section 9 of the Control of Narcotic Substances Act, so the car is a case property which the local police has taken into possession and the question of its return will be determined at the time of final hearing of the case. Its proper order for custody will be made under Section 517 Cr.P.C.
The grievance of the petitioner is that the car is being parked in open sky. For this the local police is directed to arrange for the safe custody of the car. In view of the facts and circumstances of the case narrated above, there is no force in the instant petition, which is dismised in limine. After recording of evidence if some new situation develops, the petitioner will be at liberty to remove a fresh application for custody of the vehicle.