Você está na página 1de 3

In The Court of Additional session Judge Chunian.

Ashfaq Ahmad S/o Hassan Muhammad, Arian By cast resident of house no 2323 Old tehsil Chunian. (Petitioner).

The State. (Respondent)

Revision petition against the order dated 22.03.2012 Passed by Raja Ghulam Rasool Chohan, Magistrate Section 30 Chunian, whereby the petition for the release Of vehicle on superdari was rejected. Respectfully submits. That the petitioner is owner of a vehicle registered no 5272 LE 10 Chassis No S308Pk941483, Engine No PKT 824967. Petitioner Possesses the original Registration book along with all the relevant documents relating to the vehicle in question. (Copies attached ) Petitioner who is a shopkeeper, had employed a driver who ran the vehicle as a rent

a cab at local taxi stand. On 20.03.2012 local police arrested a passenger who was concealing narcotics substance in his trousers. Neither the driver nor the Owner had any knowledge of the same facts. (copy of FIR is annexed ) That petioner applied to the learned court bellow and requested to release the vehicle on superdari trough an application which was dismissed vide order dated 22.03.2012. Copy of the order is attached with. That the impugned order is liable to be set aside on following :-

E) That the impugned order is against the law and facts. F) That neither the State nor the Police has any objection over the release of the vehicle, the petition was nor resisted at all but it was dismissed for the reasons best known to the almighty God. The reasons discussed in impugned order has no concern with the record. G) That the court bellow had not applied its judicial mind and it had not paid any attention to record of the case. The court bellow has declared without inspecting the contents of FIR, that the person from whom the narcotics substance was recovered was driving the vehicle. This finding of fact can be very easily contradicted by the FIR. H) That the law cited by the court bellow i-e S.32 of the Controle of Norcotics Substance Act does not applies to the instant case. Following case laws are invited for the kind view of this court. PLD 2003 Pesh 87; 2002 P.Cr.L.J 666; 2002 P.Cr.L.J 97 I) That the owner in record i-e M. Akram S/o Lal din has no objection if the vehicle be delivered to the petitioner. His affidavit is attached herewith. He is ready to support it, in the courtroom in person.

For what has been submitted above it is very

respectfully requested that by allowing this revision petition, the impugned order dated 22.03.2012 may very kindly be set aside and by allowing the petition the vehicle in question may very kindly be released and an order to hand over to the same to the petitioner may very graciously be passed.

Ashfaq Ahmad S/o Hassan Muhammad, Arian By cast resident of house no 2323 Old tehsil Chunian.

Through Counsel. Mian Arshid Farooq Advocate CHUNIAN.