2006 PLP 1845 (MLD)
KHALID alias BILU — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1845 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | KHALID alias BILU — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1845 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1845 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1845 (MLD) (KHALID alias BILU — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Kh. Awais Mushtaq for Petitioner.
Headnotes / Summary
S. 498
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4
Accused who was Christian by faith, had produced a permit for buying liquor which was issued in his name for six units of liquor
Accused had contended that bottle of liquor which had been allegedly recovered from him had been validly purchased and was being kept with him
Said contention could not be brushed aside summarily
Case of accused was clearly one of further enquiry within the meaning of subsection (2) of S.497, Cr.P.C.
Ad interim bail granted to accused was confirmed, in circumstances,
Judgment & Decree
M. BILAL KHAN, J.
Khalid alias Bilu son of Samual Masih, the petitioner, seeks pre-arrest bail in case F.I.R. No.103, dated 3-3-2006, registered at Police Station, Civil Lines, Sialkot, for offences under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order No. 4 of 1979.
2. The allegation against the petitioner who is Christian by faith, as is unfolded in the F.I.R. registered at the instance of Muhammad Boota, A.S.-I., was that while he was on patrol duty along with some police functionaries he received a secret information that the petitioner was proceeding towards, his house from Lorry Adda and was holding a black coloured shopper bag in his hand which contained a bottle of liquor; ultimately a raid was conducted and the petitioner on seeing the police party threw away the bottle of liquor and ran away. Resultantly the instant F.I.R. had been recorded.
3. The petitioner applied for his pre-arrest bail which was turned down by the learned Addl. Sessions Judge, Sialkot vide his order, dated 18-3-2006. Hence the instant petition.
4. I have heard the learned counsel for the parties and have perused the record brought by Muhammad Munawar, A.S.-I., Police Station, Civil Lines, Sialkot.
5. The petitioner has produced a Permit for buying liquor which had been issued in his name in the year, 2002 for six units of liquor. He contended that the bottle which had allegedly been recovered from him had been validly purchased and was being kept with him. This contention cannot be brushed aside summarily. His case is clearly one of further inquiry within the meanings of subsection (2) of section 497, Cr.P.C.
6. Resultantly this petition is allowed and the ad interim pre-arrest bail granted to the petitioner in terms of this Court's order, dated 17-4-2006 is hereby confirmed. H.B.T./K-57/L Bail confirmed.