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----S. 497-Prohibition (Enforcement of Hadd) Order (4 of 1979), Art,. 4 ‑Bail‑Allegation against accused prima facie constituting an offence maximum punishment for which only two years and thirty stripes‑Such offence was bailable‑Counsel for State also having no objection to grant of bail to accused‑Bail allowed.

Ghulam Hyder Memon for Applicant

Sarfraz Ahmad, A. A.‑G. for the State.

As per F. I. R. one plastic bag containing Charas weighing 1,660 grams was recovered from the folds of right side of tee trouser of the accused and a small bag containing 290 grams Bhang was secured from the possession of the applicant. It is urged that the maximum punishment which can be awarded to the applicant in this case is two years and 30 stripes as per section 4 of the Prohibition (Enforcement of Hadd) Order, 1979. Under Schedule 11 of the Code of Criminal Procedure under the heading Offences Against other Laws', it is provided that where an offence is punishable with imprisonment for one year upwards but less than 3 years or with whipping not exceeding 40 stripes with or without imprisonment. such offence is bailable offence. Since in this case the allegations prima facie constitute an offence under section 40 the Prohibition (Enforcement of Hadd) Order, 1979, for which the maximum sentence provided is 2 years and 30 stripes, therefore, the offence appears to be bailable.

Even otherwise Mr. Sarfraz states that he has no objection, if bail is granted to the applicant.

I, therefore, grant bail to the applicant in Crime No. 50 of 1985, of Police Station Town Nawabshah, on his furnishing one surety in the sum of Ra. 20,000 (Rupees twenty thousand only) with P. R. Bond in the like amount to the satisfaction of the Sessions Judge. Nawabshah.

M. Y. H. Bail allowed.

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