MUHAMMAD ASIF JAN, J.---This appeal under section 12 of the Special Courts for Speedy Trial Act of 1987 against the judgment/order of Ch. Ehsan-ul-Haq, Judge, Punjab Special Court for Speedy Trials No. VIII, Sargodha, dated the 9th of July, 1988, whereby it was ordered inter alia that Truck No. PRC-9266 be confiscated to the State, is brought by Haji Muhammad Akram son of Haji Muhammad Boota, resident of Chiniot, District Jhang (appellant) who claims to be the owner of Truck No. PRC-9266 on the basis of route permit (Annexure-A), registration book (Annexure-B) and the National Identity Card of the appellant (Annexure-C).
2. The case of the appellant is that he is the lawful owner of Truck No. PRC-9266 which was used for the commission of the offence for which various persons including Irshad Ahmad accused were tried by the learned Judge, Punjab Special Court for Speedy Trials No. VIII, Sargodha, resulting in the conviction of some of those accused persons including Irshad Ahmad accused.
3. The appeal of Irshad Ahmad accused (Criminal Appeal No. 55-J/88) has been accepted by us vide our judgment/order of even date passed in Criminal Appeal No. 55-J/88.
4. The truck in question was given into the custody (Superdari) of the petitioner during the trial vide order, dated the 20th of February, 1988 under section 516-A, Cr.P.C.
However, at the conclusion of the trial, the learned trial Judge was pleased to order that: "The trucks registration numbers PRC-9266 and PRE-8973 are confiscated to the State. They shall be taken in custody by the Police, if they are given on Superdari."
5. The appellant who is lawful owner of the truck bearing No. PRC-9266 JA was not an accused person in F.I.R. No. 61, dated the 18th of December, 1987 1A and was not given any notice by the learned trial Judge before passing the order of confiscation against the appellant.
6. Section 517 of Chapter XLIII of the Cr.P.C which deals with the disposal of property provides that when a trial in any Criminal Court is concluded, the trial Court may pass such order as it thinks fit for the disposal of any property which may have been used for the commission of any offence, by destruction, confiscation, or delivery to any person claiming to be entitled to possession thereof.
Thus, it is quite clear that the Court must exercise its discretion in a judicious manner and not arbitrarily. This principle of law was very clearly enunciated by the Supreme Court of Pakistan in the case of Haji Abdul Razzaq v. Pakistan through Secretary Ministry of Finance, Islamabad and another reported in PLD 1974 SC page 5 wherein it was held that:--- "If the words liable to confiscation give a discretion to the confiscation authority to deprive a person of his property, then it follows that this discretion must be exercised upon the principles of natural justice; that is to say, the persons sought to be deprived of the property must be given notice to show cause, they must be furnished with adequate opportunity of putting forward their point of view and the same must receive due consideration. Furthermore, according to one of the principles now well-accepted, no person should be deprived of his property by way of penalty unless it is clear that he is in some measure responsible for assisting or furthering the commission of the offence committed. No innocent person should be unjustly punished or deprived of his property."
The abovementioned dictum was again followed and reiterated in the cases of Iqbal Ellahi v. The State reported in 1987 SCMR page 1274 and Akram Khan and 2 others v. The State reported in 1990 SCMR page 486.
7. Admittedly no notice was given to the appellant before passing the order of confiscation of Truck No. PRC-9266.
8. The order of the learned trial Court to the extent of confiscating Truck No. PRC-9266 is hereby set aside. This appeal is accepted to the limited extent that the learned trial Court shall decide afresh the question of confiscation of truck No. PRC-9266 in accordance with law i.e. After giving notice to the appellant anti a full opportunity of hearing. Order accordingly.