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Criminal Miscellaneous No.6771g of 1986, decided on 25th March, 1906.

----S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979) Art. 314‑‑Recovery of liquor‑‑Bail, grant of‑‑Chemical Examiner's report awaited‑‑Offence not falling within prohibitory clause of S.497(1), Cr.P.C. ‑‑One of accused admittedly minor‑‑Bail allowed in circumstances.

Muhammad Hussain Awan for Petitioners.

Karim Nawaz for the State.

The petitioner seek bail under article 3/4 of the Prohibition (Enforcement of Hadd) Order 1979 on the allegations that on 18‑1‑1986 4 litres of alcohol was recovered from their possession.

2. Bail is urged on that ground that the case is based on false allegations Bashir Masih petitioner is below 16 years of age. According to the school leaving certificate he was born on 5‑5‑1971, further that the recovery is fake. It is next submitted that the report of the Chemical Examiner has not yet been received. In this view of the matter, it is not possible to say as to whether it was in fact liquor. It is next argued that the alleged recovery has already been effected and the persons of the petitioners are no longer required for the purpose of investigation. They have been sent to judicial lock‑up.

3. The offences with which the petitioners are charged do not fall within the prohibitory clause of section 497 (1), Cr.P.C. The report of the Chemical Examiner is yet to be received. Bashir Masih is admittedly s minor. In these circumstances, I admit the petitioners to bail in the sum of Rs.15,000 each with two sureties each in the like amount to the satisfaction of A.C./ Duty Magistrate, Mianwali.

S.A. Bail allowed.

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