LAL JAN KHA TTAK. J. This appeal is directed against the order dated 24.07.2019 of the learned Judge Special Court (CNS) Peshawar whereby the appellant's petition for return of Hino Truck bearing registration No.C2575/Lower Dir on the superdari has been dismissed.
2. Arguments heard and available record gone through.
3. Perusal of the available record would show that the petition for superdari of the subject vehicle has been turned down by the learned trial Court on the ground that the appellant is not registered owner and same has been used in the offence of smuggling of Acetic Anhydride. Although the appellant is not a registered owner of the vehicle but he is claiming its ownership on the basis of a deed and as such the learned trial court was legally bound to issue him notice before its confiscation to explain his position particularly when during the trial he had appeared there and had claimed ownership of the vehicle. Omission to the above effect of the learne d trial court has prejudiced his case.
4. For what has been discussed above, this appeal is accepted, the impugned order dated 24.07.2019 is set aside and the case is remanded to the learned trial Court to decide the same afresh after providing opportunity of hearing to the appellant qua his ownership to the case vehicle.