' Sheikh Muhammad Ajmal appellant has preferred this appeal under section 48 of the Control of Narcotic Substances Act, 1997 against order dated 25-1-2012 passed by the learned Magistrate 1st Class, Sahiwal and order dated 9-2-2012 passed by the learned Additional Sessions Judge Sahiwal whereby application made by the petitioner for seeking Spurdari of Car Honda City bearing Registration No,LEA-06/9862 was dismissed and the criminal revision filed against the said order was also dismissed respectively.
2. Succinctly, the facts of the case are that Sh. Muhammad Ajmal appellant made a petition for seeking the temporary custody/Spurdari of Car Honda City bearing Registration No,LEA-06/9862, which was taken into possession by the police of Police Station Fetch Sher District Sahiwal in case F.I.R. No,31 of 2012 registered under section 9-C of the Control of Narcotic Substances Act, 1997 with the contention that he is the owner of said car and if the same is kept in police custody for an indefinite period, its value and utility will be diminished.
3. Learned Judicial. Magistrate vide impugned order dated 25-1-2012 dismissed the application .On the ground that the aforesaid car is the case property and is important piece of evidence and its Spurdari will prejudice the case of either party. Feeling aggrieved from the aforesaid order, the appellant filed a criminal revision before the learned Additional Sessions Judge Sahiwal which also met the same fate vide order dated 9-2-2012. Hence, the present appeal.
4. We have heard learned counsel for the appellant, learned D.P.-G. For the State and have also perused the record.
5. According to the aforesaid F.I.R., Noor Muhammad S.-I. Police Station Fateh Sher District Sahiwal along with police personnel was present in the area'of Mokal Colony when the car in question coming from Civil Hospital Road was stopped and checked. Nazir Ahmed and Bashir Ahmed were sitting while holding shopper bags in their hands containing opium weighting 1050 and 1040 grams respectively. Allah Ditta, the driver of car also got recovered opium weighing 1020 grams.
Consequently, the car in question was taken into possession.
6. The appellant claiming himself to be the owner of the car, made an application for interim custody thereof, which was declined by both the learned Courts below. The petitioner made petition for seeking interim custody of the vehicle before the learned Magistrate which was disallowed and then he preferred criminal revision which was also dismissed by the learned Additional Sessions Judge, Sahiwal. Now the appellant has preferred this appeal against the aforesaid orders. It is settled law that no appeal can be preferred against order passed in criminal revision. Furthermore, an appeal under section 48 of the Control of Narcotic Substances Act, 1997 can be preferred against the order of Special Court constituted under the Control of Narcotic Substances Act, 1997. In the instant case the impugned orders have been passed by the Courts of ordinary jurisdiction and not by the Court constituted under the Control of Narcotic Substances Act, 1997. Therefore, the present appeal is incompetent.
' In view, of above, the appeal in hand being incompetent, is B hereby dismissed: However, the appellant is at liberty to seek the redress of his grievance from the Court constituted under the Control of Narcotic Substances Act, 1997.