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Initializing Secure Chambers
Petitioner: MUHAMMAD SIDDIQ VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1947
[Lahore]
Before Muhammad Munir Khan, J
MUHAMMAD SIDDIQ‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 1147/B of 1988, decided on 13th April, 1988.
Criminal Procedure Code (V of 1898)‑
‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4‑‑Bail, grant of‑‑Charge against accused that he was carrying 45 bottles of liquor not falling within second proviso to Art.4 of Prohibition (Enforcement of Hadd) Order 1979 and punishable for two years' rigorous imprisonment‑‑Accused neither previous convict nor previously involved in any case under Prohibition Order‑‑Accused in jail for last over three months and no more required for investigation‑ Bail granted.
Ch. Muhammad Siddiq for Petitioner.
Malik Amjad for the State.
ORDER
This is an application for grant of bail to Muhammad Siddiq petitioner in case under Article 3/4 of Prohibition (Enforcement of Hadd) Order 1979 registered at P.S. Samanabad, dated 21‑1‑1988.
2. The prosecution case is that the petitioner was found carrying 45 bottles of liquor on the carrier of his cycle on 21‑1‑1988.
3. The learned counsel for the petitioner submits that the allegations against the petitioner accepted at its face value, do not make out case punishable under Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 and the offence of keeping liquor would fall under Article 4 of the aforesaid Order which is punishable with two years' R.I. Learned counsel for the State has opposed this application.
4. I have considered the submissions made by the learned counsel for the parties with care. I find that the petitioner is in jail since 21‑1‑1988 and is no more required for investigation that the petitioner is neither previous convict nor was previously involved in any case under Prohibition (Enforcement of Hadd) Order, 1979 and that the charge against him that he was carrying 45 bottles of liquor does not fall within second proviso to Article 4 of the aforesaid Order and is punishable for two years' R.I. or with whipping not exceeding 30 stripes.
For what has been said above, the petitioner is allowed bail in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of A.C., (City)/Duty Magistrate, Lahore.
M.Y.H./M‑786/L Bail granted.