' SYED SAJJAD HASSAN SHAH, J.---Sajad-ur-Rehman, the appellant impugned herein the judgments and order dated 17-3-2011 passed by the learned Judge, Special Court (CNS), Khyber Pakhtunkhwa, Peshawar, whereby, the application of the appellant for the return/superdari of Car bearing Registration No, BRE-921 confiscated in case F.I.R. No,50 dated 1-10-2009 under section 9-C C.N.S.A.
Of Police Station, Anti-Narcotics Force, Peshawar was turned down.
2. Arguments of the learned counsel for the appellant and the learned D.A.-G. Heard at length, and record carefully perused.
3. It has straightaway been observed by us that the present appellant was not an accused person in the above mentioned criminal case and the accused persons nominated in the F.LR. Namely Gul Saeed Jan and Nadeem have, already been convicted and sentenced by the learned Judge, Special Court (CNS), Peshawar for the offence committed by them.
4. The appellant happens to be a registered owner of the said vehicle and no other person has so far come forward to claim ownership or possession of the vehicle in question. Admittedly, the appellant is not an accused person in the above mentioned criminal case and he undertakes to produce the vehicle in question before any Court of law if and when required to do so. Reliance placed upon 2011 SCM R 1471.
5. In view of the above, this appeal is accepted and the vehicle in question be given to the appellant on furnishing surety bond in the sum of Rs,2,00,000 with two sureties each in the like amount to the satisfaction of the trial Court. This appeal is disposed of in these terms.