1. ' RAJA MUHAMMAD SABIR, J.--- The petitioner in this petition has challenged order of the learned Addl. Sessions Judge, Sialkot, dated 19-9-2002 whereby his application for grant of Superdari of his car bearing Registration No.STE-64, was declined.
2. ' Briefly the facts of the case are that Car No. STE-64 was taken into possession in connection with case F.I.R. No. 293 of 2002 registered under. Section 9-B of Control of Narcotic Substances Act for recovery of 210 grams of Charas from the driver Seat. The case was registered against Ziaul Haq alias Ziai driver of the petitioner and proceedings under sections 87/88, Cr.P.C. Were under progress when the impugned order was passed. However, according to learned counsel for the petitioner the driver has been arrested vide order, dated 28-12-2002.
3. ' Learned counsel for the petitioner contends that the vehicle in question was not being used for trafficking narcotics. It is not the case property. The petitioner is its owner and has nothing to do with the offence allegedly committed by Zia-ul-Haq, driver of the car. The vehicle is lying in the Police Station since registration of case and its condition is considerably deteriorated. The petitioner is only claimant of the said car. Learned Addl. Sessions Judge has erred in law in dismissing the application for Superdari.
4. ' Learned counsel for the State does not seriously oppose the prayer of the petitioner.
5. ' Heard, Record perused.
6. The record shows that the car in question was taken into possession when 210 grams Charas was recovered from the seat of Zia-ul-Haq, driver of the car. He has already been admitted to bail. The trial has not commenced so far. The vehicle was taken into possession under section 550, Cr.P.C.
7. And the petitioner is the only claimant of the aforesaid car. The vehicle is lying in Police Station since 28-6-2002 and its condition is to be further deteriorated if the same is not granted on Superdari. In view of the aforesaid circumstances, we allow the revision petition and set aside the impugned order and direct Addl. Sessions Judge to release the car in question to the petitioner subject to his furnishing surety of Rs.80,000 and proof of ownership.