ALI BAIG, J.---,This criminal revision petition under section 439-A, Cr.P.C. has been preferred against the impugned order dated 24.01.2020 passed by the learned Vacations Judge/Special Judge Control of Narcotic Substances Act, 1997 Gilgit; whereby , the learned trial court has dismissed application filed by the petitioner under section 516-A, Cr.P.C. for custody of a vehicle which was impounded by the police in case FIR No.42/2019, registered under section 9(c) CNSA, 1997 at Police Station Juglote Gilgit.
2. The learned counsel for the petitioner has contended that petitioner is real owner of vehicle in question, therefore, he is entitled for custody of said vehicle and the learned trial court has committed illegality while dismissing application of petitioner filed under section 516-A, Cr.P.C. The learne d counsel for the petitioner has further contended that the challan agains t the accused Musharraf Khan has been submitted in the trial court and the vehicle has not been made case property in, the challan, therefore, the said vehicle is not required for production in the Court.
3. Conversely , the learned Deputy Advoc ate General has vehemently opposed this petition by contending that the vehicle in question has been used in a commission of offence registered under Section 9(c) Control of Narcotic Substances Act, 1997, therefore, the petitioner is not entitled for superdari of vehicle in question.
4. I have heard arguments advanced by the learned counsel for the parties and perused the record.
5. From perusal of Registration Book of vehicle in question, it transpires that the petitioner is a bona fide owner of vehicle in question and no rival claimant has claimed ownership of vehicle in question. Challan against the accused namely Musharraf Khan has been submitted in Court and vehicle in question has not been shown as case property in column 4 of challan, therefore, the said vehicle is not required by the prosecut ion. The vehicle in question can not be detained in Police Station for an indefinite period as it would decay and deteriorate the colour and parts of vehicle.
6. For what has been discussed above, this petition is allowed. Consequently , prosecution is directed to hand over the vehicle in -question to the petitioner on superdari. The petitioner shall produce the vehicle in question in the trial court as and when required. File.