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P L D 2006 LAHORE 167

JAVED HAYAT AND ANOTHER
V/S
THE STATE

Per Asif Saeed Khan Khosa, J-Constitution of Pakistan (1973) Arts. 23,24 & 4

Article 23 and 24 of the Constitution of the Islamic Republic of Pakistan, 1973 enshrine a Fundamental Right entitling an owner of a property to hold and enjoy his property as long as he does not infringe any law regarding the same and Article 4 of the Constitution categorically mandates that “no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”. If the motorcycle seized in the present case belongs to the appellants and if the same had been seized in a situation and in circumstances which did not warrant such seizure under the Control of Narcotic Substances Act, 1997 then the appellants appear to have every right to reclaim its possession as they had been deprived of the same otherwise than in accordance with the law. [p. 180]D

Ch. Muhammad Aslam for Appellants

Ch. Muhammad Sharif, Special Prosecutor for the
Anti Narcotics Force assisted by Maqbool Ahmad
Qureshi for the State

Date of hearing : 17th January, 2006

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