2009 PLP 2354 (YLR)
FIAZ AHMAD — Petitioner Versus THE STATE and another — Respondents
| Citation | 2009 PLP 2354 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Malik Saeed Ejaz, J |
| Parties | FIAZ AHMAD — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 2354 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 2354 (YLR)?
The case was heard and decided by the Lahore bench comprising: Malik Saeed Ejaz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 2354 (YLR) (FIAZ AHMAD — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Ibrahim Qureshi for Petitioner.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4
Accused was named in the F.I.R. and 76 Koppies of liquor, each containing half litre of liquor were recovered from accused, which would mean that 38 litres liquor had been shown to be recovered from accused; which offence did not fall within the prohibitory clause of S. 497, Cr. P. C.-Accused was not a previous record holder; he was admitted to bail, in circumstances. Mumtaz Hassan Awan for the State Atta Muhammad, A.S.-I. with record. Manzoor Hussain, A.S.-I. Complainant in person.
Judgment & Decree
MALIK SAEED EJAZ, J.
Fiaz Ahmad-petitioner seeks his post-arrest bail in case F.I.R. No.147/08 dated 20-4-2008 registered under Articles 3/4 of Prohibition (Enforcement of Hadd) Order 4 of 1979 at Police Station Kot Sultan District Layyah. 2.
2. Brief facts of the case are that on 20-4-2008 the petitioner was caught hold with the possession of 76 Koppies containing liquor. His co-accused were succeeded to run away. The allegation against the petitioner is that he was riding a motorcycle and the other co-accused were sitting on the said motorcycle holding Koppies of liquor with them in two different bags.
3. Learned counsel for the petitioner submits that one co-accused has been declared innocent while the other Abdul Majeed has been granted bail by the learned Magistrate section-30 on 28-5-2008. Since the petitioner has been shown arrested at the spot, therefore, his bail was declined by both the Courts below. Further submits that as per contents of F.I.R. the alleged liquor was not in the possession of the petitioner but the same was in possession of other co-accused, out of whom, one has been declared innocent and the other has been released on bail. Lastly it is argued that the case, of the petitioner does not fall within the prohibitory clause and there is no allegation of selling of such articles.
4. Learned counsel for the State submits that the petitioner is nominated in the F.I.R. and he was caught hold at the spot and the whole liquor was recovered from him.
5. After hearing the arguments from both sides and perusing the record, it is an admitted fact that the petitioner is nominated in the F.I.R. and 76 Koppies of liquor were recovered from him. On may query, each Koppy contains half litre of liquor which means that 38 litres liquor has been shown to be recovered from the petitioner which offence does not fall within the prohibitory clause. Admittedly the petitioner is not a previous record holder.
6. In view of the above, the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.2,00,000 with two sureties each in the like amount to the satisfaction of learned trial Court. H.B.T./F-28/L Bail granted.