Arts. 3 & 4--320 litre liquor--Post arrest bail--grant of--On spy information, a raid was conducted, petitioner was apprehended and 320 liter liquor was recovered--

 PLJ 2022 Cr.C. 669

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Prohibition (Enforcement of Hadd) Order, (4 of 1979),
Arts. 3 & 4--320 litre liquor--Post arrest bail--grant of--On spy information, a raid was conducted, petitioner was apprehended and 320 liter liquor was recovered--No information regarding distillation of liquor by petitioner or someone else could be obtained--None of two offences alleged against petitioner falls within prohibitory clause of section 497 of Code of Criminal Procedure, 1898--Petitioner is not a previously convicted person--He is behind bars since day of recovery while his custody is not required for any further investigation--Bail grant of.

                                                                          [Pp. 669 & 670] A & B

Mr. M. Qadir Asif Toor, Advocate for Petitioner.

Mr. Hassan Mehmood Khan Tareen, Deputy Prosecutor General along for State.

Date of hearing: 26.10.2021.

 PLJ 2022 Cr.C. 669
[Lahore High Court, Multan Bench]
Present: Syed Shahbaz Ali Rizvi, J.
FAYYAZ HUSSAIN--Petitioner
versus
STATE etc.--Respondents
Crl. Misc. No. 7045-B of 2021, decided on 26.10.2021.

Order

Fayyaz Hussain, petitioner seeks post arrest bail in case FIR No. 258 dated 05.08.2021 registered for offence under Article 3 & 4 of the Prohibition (Enforcement of Hadd) Ordinance IV of 1979 at Police Station Saddar Mailsi District Vehari.

2. The allegation against the petitioner is that on spy information, a raid was conducted, the petitioner was apprehended and 320 liter liquor was recovered.

3. Arguments heard. Record perused.

4. During physical custody of the petitioner with the investigation agency, no information regarding owner of Rickshaw Trolley or the person who brought the petitioner to the place of recovery along with recovered plastic cans could be surfaced. Even no information regarding the distillation of the liquor by the petitioner or someone else could be obtained. Be that as it may, none of the two

offences alleged against the petitioner falls within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. The petitioner is not a previously convicted person. He is behind the bars since the day of recovery while his custody is not required for any further investigation purpose hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to her furnishing bail bond in the sum of Rs. 100,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

(K.Q.B.)          Bail granted