Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 103---Azad Jammu and Kashmir Prohibition (Enforcement of Hadd) Act (IV of 1985), Ss. 3 & 4---Possessing intoxicant---Bail, grant of---Further inquiry---Non-association of private witnesses during recovery proceedings---Offence not falling within prohibitory clause of S. 497, Cr.P.C.---Chemical examiner's report was not available---No criminal antecedents of accused---Effect---Allegation against accused was that he was in possession of 81 bottles of liquor, which were kept by him in a garage---No member of the locality was cited during the recovery process, and no explanation in such regard was given by the police---Under S.103, Cr.P.C. it was mandatory to associate two members of the public in the process of recovery unless prosecution could show that it was not possible to do so under the circumstances---No explanation in such regard was given by the prosecution---Punishment provided for the offence alleged did not fall within the prohibitory clause of S. 497, Cr.P.C.---Police allegedly recovered 81 bottles of liquor, but only one bottle was sent for chemical examination by mixing 10 milliliter from each bottle---Report of chemical examiner had not been received to date, therefore, it was yet to be established whether seized material was liquor or not---Investigation was complete and accused was not required for any further investigation---No previous F.I.R. or conviction order against accused was available on the record---Case was one of further inquiry---Petition was allowed and accused was released on bail in circumstances. 1999 PCr.LJ 493; 2000 Cr.LJ 1278 (sic); 2001 Cr. Cases 34 (sic) and Unreported of this Court titled "Muhamamd Pervaiz and others v. The State" decided on 12-5-2010 distinguished. ORDER SARDAR M. SHAHZAD KHAN, J.---The above captioned revision petition is directed against the order of District Court of Criminal Jurisdiction Muzaffarabad dated 16-11-2012 whereby, the bail application of the accused-petitioner was disallowed by the said Court. 2. Brief facts forming the background of the instant revision petition are that a case under sections 3/4. The Prohibition (Enforcement…

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