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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD AFZAL VS Respondent: THE STATEHonorable Justice Shaikh Abdur RazzaqNaveed Khalil Chaudhry,Saleem Nawaz Abbasi
2002 Y L R 3774
2002 Y L R 3774
[Lahore]
Before Shaikh Abdur Razzaq, J
MUHAMMAD AFZAL‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Criminal Miscellaneous No.132/B of 2001/BWP, decided on 23rd February, 2001.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S.497‑‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4‑‑‑Control of Narcotic Substances Act (XXV of 1997), S.9 ‑‑‑Customs Act (IV of 1969), S.156‑‑‑Bail, grant of‑‑Accused was in jail for the last about four months‑‑‑Even if it was assumed that offence against accused fell under Art. 3 of Prohibition (Enforcement of Hadd) Order, 1979, same was punishable up to five years‑‑ Offence not falling within prohibitory clause of S. 497, Cr. P. C. accused was admitted to bail.
Naveed Khalil Chaudhry for Petitioner.
Saleem Nawaz Abbasi, A.A.‑G. for the State.
Date of hearing: 23rd February, 2001.
JUDGMENT
The petitioner seeks post‑arrest bail in case F.I.R. No, 383 of 2000 dated 16‑10‑2000 under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 read with section 9 of C.N.S.A., 1997 and section 156 of Land Customs Act, 1969 registered at Police Station City Khanpur, for possessing 39 bottles of liquor.
2. The petitioner applied for bail which relief has been declined to him by the learned Additional Sessions Judge, Khanpur vide order, dated 21‑12‑2000. Hence the instant petition.
3. Arguments have been heard and record perused.
4. The petitioner stands charged under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 read with section 9 of C.N.S.A., 1997. He was arrested on 16‑10‑2000 and since then is in jail. Even if it is assumed that the offence falls under Article 3 (ibid) the same is punishable up to five years, as such offence does not fall within the prohibitory clause of section 497, Cr.P.C. Accordingly the petition is accepted and the petitioner is admitted to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./M‑1506/L Bail granted.