Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Criminal Procedure Code (V of 1898)--- ----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Bail, grant of---No doubt allegedly 60 bottles of liquor were recovered from the possession of accused but, specimen for determination of nature of contents were obtained out of two bottles---No evidence with regard to the offence under Art.4 of the Prohibition (Enforcement of Hadd) Order, 1979, was available---Accused was previously non-convict and his detention behind the bars was no more required for any useful purpose for the decision of the case---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: CH. MAHMOOD AKHTAR KHAN, JUSTICE:---.--- Allegation against the petitioner levelled in the case F.I.R No. 35 dated 17-1-2009 under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 Police Station Airport Rawalpindi is that on 17-1-2009 at about 10-50 p.m. in the area of Suzuki Stand Gharibabad within the jurisdiction of Police Station Airport Rawalpindi on the spy information Investigating Officer apprehended accused petitioner when he was having two Toras in his possession. Each Tora contained 30 bottles of liquor. Investigating Officer obtained small quantity of contents in bottle for determination of its nature only from two bottles each from one Tora and after investigation he was sent to judicial lock-up. 2. Learned counsel for the petitioner contended that there is no evidence of section 3 of Prohibition (Enforcement of Hadd) Order, 1979 and that section 4 of the said Ordinance is bailable. He further contended that specimen for determination of nature of contents in the bottles was obtained only from two bottles out of…

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