2002 PLP 2223 (YLR)
RIAZ HUSSAIN ‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 2223 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Farrukh Mahmud, J |
| Parties | RIAZ HUSSAIN ‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2002 PLP 2223 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 2223 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Farrukh Mahmud, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 2223 (YLR) (RIAZ HUSSAIN ‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Muhammad Asif Rasheed Sial for Petitioner.
Headnotes / Summary
(a) Criminal Procedure (V of 1898)‑‑‑ ‑‑‑S. 497‑‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4, 22 & 16‑‑‑Appreciation of evidence‑‑‑Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979, was not attracted as admittedly liquor was not being sold to any one at the time of raid‑‑‑Complainant could not conduct the raid at the house of accused without obtaining a search warrant as envisaged by Arcs. 22 & 16 of the prohibition (Enforcement of Hadd) Order, 1979‑‑‑None of the offences bad attracted prohibitory clause of S.497(1), Cr. P. C. ‑‑‑Accused had no previous history of his indulgence in such‑like activities‑‑‑Bail could neither be withheld as punishment nor normally refused in cases not punishable with ten years or snore imprisonment‑‑ Accused was admitted to bail in circumstances. Muhammad Ameer v. The State 1973 PCr.LJ 205 rel. (b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss. 497/498‑‑‑Bail‑‑‑Principle‑‑‑Neither the bail can be withheld was punishment nor normally refused in cases which are not punishable with ten years or more imprisonment. Muhammad Ameer v. The State 1973 PCr. LJ 205 rel. Malik Abdul Ghaffar Sial for the State.
Judgment & Decree
(b) Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑Ss. 497/498‑‑‑Bail‑‑‑Principle‑‑‑Neither the bail can be withheld was punishment nor normally refused in cases which are not punishable with ten years or more imprisonment. Muhammad Ameer v. The State 1973 PCr. LJ 205 rel. Mian Muhammad Asif Rasheed Sial for Petitioner. Malik Abdul Ghaffar Sial for the State. Riaz Hussain petitioner has sought his post‑arrest bail in case F.I.R. No.35 registered at Police Station Muzaffarabad, Multan on 19‑2‑2002 for an offence under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. According to the F.I.R. the complainant Rab Nawaz, A.S.I. received a secret information that liquor was being distilled at the house of the petitioner. Resultantly, the complainant conducted a raid and recovered liqour as well as articles for distillation of the same from the house of the petitioner.
3. I have heard the learned counsel for the parties and have also gone through the A record of the case. Admittedly, at the time of raid the liqour was not being sold to any one, therefore, the provisions of Article 3 of the Order was not attracted in the circumstances of the case. According to Article 22 read with Article 16 of the said Order the complainant could not conduct the raid at the house of the petitioner without obtaining a search warrant but in this case no such search warrant was obtained. None of the offences attracts prohibitory clause of section 497, Cr.P.C. Admittedly, the petitioner has no previous history of his indulgence in such‑like activities. Neither the bail can be withheld as punishment nor normally refused in cases which were not punishable with ten years or more. Reliance is placed on Muhammad. Ameer v. The State (1973 PCr.LJ 205).
4. For what has been discussed above I admit the petitioner to bail subject to furnishing bail bond 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. N.H.Q./R‑143/L Bail allowed.