1. ' This criminal revision application is directed against the undated order as per certified copy issued on 42-11-2008, passed by the learned Special Court No,l (CNS Act) at Karachi, in special case No,65 of 2008 under section 9(c) of the Act, 1997, registered at P.S. ANF-C Karachi, whereby the application of the applicant under section 516-A Cr.P.C, for releasing the impugned vehicle was dismissed.
2. ' The facts of the case are that an F.I.R, was registered on 19-5-2008 and the applicant was apprehended with a car bearing No,AJZ-202, Toyota Premio, with the contraband. Thereafter, the above F.I.R, was registered. The challan has been submitted and the accused is facing trial and he is confined in Central Jail.
3. ' The learned counsel for the appellant has contended that the impugned car is lying at P.S. For the last.More than a year and deteriorating day by day, therefore, on personal surety the same may be released to the wife of the applicant.
4. ' The learned Special Prosecutor has vehemently opposed the criminal revision application and has contended that it is barred under section 74 of CNS Act, 1997 and has relied upon the cases reported in 2003 SCMR 244 (Abdul Salam v. The State) and 2009 PCr,LJ 254 (Imtiaz Javed v. The State) respectively.
5. ' Heard the learned counsel for the applicant, the learned S.P.P., perused the record and the judgments cited by the learned S.P.P.
6. It is, an admitted fact that there is legal bar to release the impugned vehicle involved in the trafficking in the Narcotics. At this juncture, learned counsel for the applicant has requested that he is ready to deposit Rs,7,00,000 (Rupees Seven Lac), with the Nazir of this Court as security, thereafter, the vehicle may be released.
7. ' The learned S.P.P has contended to the above offer, but further contended that the vehicle may not be disposed of by the applicant or on his behalf and if the same would not be produced in Court at the time of evidence, it shall be taken against the applicant for tampering with the evidence.
8. ' In view of the above circumstances, in the interest of Justice as well as applicant and to save further devaluation of the vehicle, it is imperative, to grant such request, therefore, the applicant or his attorney is directed to deposit cash of Rs,7,00,000 (Rupees Seven Lac only), with the Nazir of this Court within 30 days. The Nazir is further directed to deposit the said amount in some Government Profitable Scheme and no profit shall be encashed by either party till the decision of the Court. It is, further directed that the vehicle shall not be disposed of and. Shall be produced before the trial Court at the time of evidence and in case of failure the same will amount to tampering with the evidence.
9. ' This Criminal Revision is allowed in the above terms.