1988 P Cr (PLP)
MUHAMMAD SIDDIQ‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1988 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | MUHAMMAD SIDDIQ‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑ |
Q1: What are the key laws and sections cited in 1988 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 P Cr (PLP) (MUHAMMAD SIDDIQ‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Siddiq for Petitioner.
Headnotes / Summary
‑‑‑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. Malik Amjad for the State.
Judgment & Decree
Ch. Muhammad Siddiq for Petitioner. Malik Amjad for the State. 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.