' Waqar Ahmed Seth, J.--Petitioner through the instant Writ Petition No, 2425-P/15, has asked for the custody of the vehicle/truck bearing Registration No, K-3702/Peshawar, on the ground that he being bona fide owner is entitled to its custody, particularly when there is none, who could convincingly set up a rival claim.
2. Learned counsel appearing on behalf of the petitioner contended that where there is nothing on the record to show that the llicit arms and ammunition were transported in the vehicle with the consent of the petitioner, he cannot be punished by denying its custody to him who happened to be its legitimate owner.
3. As against that, the learned counsel appearing on behalf of the State contended that where the illegal arms and ammunition were recovered from the vehicle, the claim of the petitioner to the vehicle becomes doubtful and that the learned Judge, Special Court, has not committed any error of law or fact by declining the custody of the vehicle to the petitioner.
4. We have gone through the record carefully and considered the submissions of the learned counsel for the parties.
5. Whether the petitioner is entitled to the custody of the vehicle in view of the recovery of illicit arms/ ammunition made from the vehicle or he had the knowledge about the use of the truck in transportation of illicit arms/ammunition, is a question, which cannot be decided without recording evidence. Even otherwise, so far nothing has been brought on the record to show that the illicit arms and ammunition recovered from the vehicle was transported without the consent, connivance or complicity of the petitioner, the custody of the vehicle cannot be given to the petitioner at least at ,this stage, especially when the truck in question being a case property would be required for production and exhibition in the Court.
6. For the reasons discussed above, this writ petition being without substance is dismissed.
However, the prosecution is directed to forward this case to the trial Court as early as possible, while the learned trial Court is directed to conclude the trial of the case strictly in accordance with National Judicial Poky.
(R.A.) .