1997 PLP 1251 (MLD)

M.A. Hameed for the State. Date of hearing: 17th July, 1995. According to F.I.R. Sajjad Hussain, A.S.I. complainant received a secret information that one Abdul Rashid was carrying on the business of sale of Desi' liquor in his house situated in Mohallah Islampura, Bahawalpur. He sent Allah Bakhsh H.C No.957 in plain clothes as decoy customer who purchased one Kuppi of liquor for an amount of Rs.50. That Kuppi of liquor was produced before Sajjad Hussain, A.S.I. by the aforesaid Head Constable which was taken into possession vide memo. Thereafter as contemplated under Article 22 of the Prohibition (Enforcement of Hadd) Order, 1979 Sajjad Hussain, A.S.I. is said to have obtained the search warrant from the Area Magistrate. He went to the house of Abdul Rashid who was apprehended. The currency note of Rs.50 was recovered from his person while 108 Kuppis of liquor were recovered from the room of his house which were taken into possession vide memo. attested by Abdul Rahim and Allah Bakhsh, Constables. The sealed parcels were prepared. Some Kuppis were kept in the Malkhana while some liquor was sent to the Chemical Examiner from where the report has been received to the effect that the bottles contained coloured diluted rectified spirit being 51.50 per cent Alcohol each.

2. F.I.R. No.136 dated 14‑4‑1995 was registered at Police Station Kotwali, Bahawalpur under Article 3 /4 of Prohibition (Enforcement of Hadd) Order, 1979 at the instance of Sajjad Hussain, A.S.I. The bail application of the petitioner has been rejected by the lower Courts. The petitioner has filed this petition to try his luck to be admitted to bail.

3. I have heard the learned counsel for the petitioner as well as the learned State Counsel and gone through the record before me. As rightly expressed by the learned counsel for the petitioner in the instant matter Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979 has to be taken as bailable as the Kuppi of liquor does not find mention in the proviso to the said Article so as to bring the case of the prosecution within the purview of its being non‑bailable. Thus regarding Article 4 of Prohibition (Enforcement of Hadd) Order, 1979 this petitioner is entitled to be admitted to bail as of right.

4. One Kuppi of liquor is said to have been purchased through a decoy customer namely Allah Bakhsh, Head Constable. There is no person to corroborate him in this regard. In this view of the matter the attraction of Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 is a question of further inquiry. Even otherwise Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 does not fall within, the prohibitory clause as the maximum punishment for commission of such an offence is 5 years. It has been admitted by Sajjad Hussain, A.S.I. complainant present in the Court that no case of the instant nature stands registered or is pending against this petitioner. In the circumstances I hold that it is a fit case for the admission of Abdul Rashid petitioner to bail.

5. I, therefore, accept this application and admit Abdul Rashid petitioner to bail in the sum of Rs.10,000 (rupees ten thousand only) with one surety in the like amount to the satisfaction of the trial Court. Copy Dasti subject to payment of usual charges, if desired. N.H.Q./A‑847/L Bail granted.