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Criminal Miscellaneous No.1624/B of 1987, decided on 15th June, 1987.
--S.497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3(1) & 4--Bail--Petitioners challaned for offences of transporting and owning or possessing intoxicants--Offence under Art.3(1) of Order does not fall within prohibitory clause of 5.497, Cr P.C. and offence under Art.4 being punishable upto two years was bariable--Petitioners being behind the bars for the last two months admitted to bail.
Mahmood Ahmad for Petitioners.
Abdul Haq for the State.
Muhammad Naeem and Khalid Mahmood petitioners have moved this petition for bail in a case registered against them under Articles 3 and 4 of the Prohibition (Enforcement of Hedd) Order 1979 vide F.I.R. No.171, Police Station City, Gujrat.
2. The prosecution version is that on 16-4-1987 at 4 p. m. a police party on receipt of secret information that illicit liquor was being transported, stopped car No.GAA3534 and recovered 400 bottles of illicit liquor from it. The oar was being driven by Khalid Mahmood Petitioner and Muhammad Naeem petitioner was sitting with him. Twenty bottles were sent to the Chemical Examiner for analysis and his report is as under:
"All the above bottles contained Tr. aurantii with alcoholic contents 111.8%. Proof spirit in each which can be used to cause intoxication if taken orally in diluted form."
3. Learned counsel for the petitioners contends that the bottles containing Tr. 'aurantii were the property of Haider Medical Store, Gujrat, which holds a valid licence for store and sale of drugs and the petitioners, being employees of the said Store, were taking the drug from Jhelum Goods Transport to the aforesaid Medical Store and by doing so they have not committed any offence. In support of the contention he has filed cash memo issued by National Pharmacy and Laboratories, dated 13-4-1987 and Form L-46 showing payment of excise duty. Learned counsel further states that the petitioners have been falsely implicated on account of enmity with the police as a case under section 161 of the Pakistan Penal Code was registered against a Head Constable or 17-3-1987 at the instance of Muhammad Naeem Petitioner. The learned State counsel has opposed the prayer of bail.
The first contention of the learned counsel has the support o documents. The offence under Article 3(1) of the Prohibition (Enforcement of Hadd) Order, 1979 does not fall within the prohibitory clause of. section 407 Cr. P. C . and the offence under Article 4 being punishable with imprisonment up two years, is bailable. The petitioners are behind the bars for the last two months. They are admitted to bail in the sum of Rs.25,000/- (Rupees twenty-five thousand) each with two sureties each in the like amount to the satisfaction of Assistant Commissioner, Gujrat.
S. Q. /M-261/L Bail granted
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