Find a Lawyer

Bail Application No.258 of 1984, decided on 25th September, 1984.

Criminal Procedure Code (V of 1898)‑‑

---S. 497/498‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 4 & 16‑‑Owning/possession of intoxicant‑‑Accused searched for recovery of heroin inside his house‑‑Offence, held, cognizable only if committed in a public place‑‑Bail granted in circumstances.

Qurban Ali H. Chohan for Petitioner.

Abdul Ghafoor Mangi, A.A.‑G. for the State.

Date of hearing: 25th September, 1984.

The applicant is facing trial for offence under Article 4 of Prohibition (Enforcement of Hadd) Order, 1979, From the F.I.R. It appears that the Excise Sub‑Inspector had searched the person of the applicant inside the latter's house and recovered heroin. Article 16 of the said Order shows that offence under Article 4 shall be cognizable only if it is committed in a public place. The search of the applicant in his house was, therefore, illegal. Due to this illegality, it is contended that the applicant is entitled to bail. In support of this argument reliance has been placed on unreported decision of this Court in Criminal Bail Application No.901/1984 decided by the undersigned on 13‑9‑1984, Criminal Bail Application No.838/1984 decided by this Court on 28‑8‑1984 and Criminal Bail Application No.870/1984 decided on 13‑9‑1984, in which almost under similar circumstances the accused /applicants were held entitled to bail.

The application is allowed. The applicant shall be released on furnishing surety in the amount of Rs.20,000 and P.R. in like amount to the satisfaction of Additional Registrar of this Court.

M. Y. H. Bail granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.