2008 PLP 814 (YLR)
SHAUKAT KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 814 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sh. Javaid Sarfraz, J |
| Parties | SHAUKAT KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 814 (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 2008 PLP 814 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sh. Javaid Sarfraz, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 814 (YLR) (SHAUKAT KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Agha Abul Hassan Arif for Petitioner.
Headnotes / Summary
S.498
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4
Allegation against accused was that he being the owner of vehicle was transporting huge quantity of liquor, however, despite lapse of over three months, the Investigating Agency had not been able to verify the ownership of the said vehicle
Even the report from the Chemical Examiner had not been obtained in the absence of which it could not be said that the substance which was recovered, was liquor or not
Possibility that the case had been registered against accused mala, fide could not be ruled out
Case of further inquiry had been made out in circumstances
Ad interim pre-arrest bail already granted to accused was confirmed on the same surety. Mrs. Azra Israr, APG, for the State with Ali Ajved, S.-I.
Judgment & Decree
SH. JAVAID SARFRAZ, J.
The petitioner, Shaukat Khan, seeks pre-arrest bail in case being bearing F.I.R. No.898/2007, dated 1-11-2007 under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order IV of 1979, registered at Police Station Ferozewala District Sheikhupura, at the instance of complainant; Ali Javed, S.-I.
2. AS per F.I.R. the complainant upon receiving a spy information on 1-1-2007 stopped vehicle No. LZB-1650. The driver namely Syed Yasif Raza and one Raja Munir, residents of Rawalpindi, were caught/arrested but the petitioner namely. Shaukat Khan managed to escape by taking advantage of rush on the road side and on checking of the vehicle 4100 bottles of liquor were recovered from the loader.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is that he is the owner of vehicle No. LZB-1650, from where the alleged liquor was recovered; that the offences do not fall within the prohibitory clause; that the report from the Chemical Examiner has not yet been obtained and that the petitioner is Government contractor and in order to deprive him to obtain contract, this case has been malafidely got registered at the instance of some interesting parties.
4. Learned Addl. Prosecutor General, while opposing this petition, submitted that huge quantity of liquor has been recovered.
5. The allegation against the petitioner is that he being the owner of vehicle No. LZB-1650 was transporting the huge quantity of liquor, however, despite lapse of over three months, the investigating agency has not been able to verify the ownership of the above said vehicle. Even the report from the Chemical Examiner has not yet been obtained so far, in the absence of which it cannot be said that the substance which was recovered, is liquor or not?, Thus a case of further inquiry has been made out. The possibility, that the case has been registered against the petitioner malafidely at this stage cannot be ruled out.
6. For what has been disused above, while accepting this petition, ad interim pre-arrest bail already granted to the petitioner vide order dated 10-12-2007 is confirmed on the same surety. H.B.T./S-207/L Bail confirmed.