Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Prohibition (Enforcement of Hadd) Act (IV of 1985), Ss. 11, 14 16---Allegation of using intoxicant---Petition for quashing of FIR---Scopes sought quashing of FIR lodged against them, for being intoxicated at the relevant time, but for searching the car of petitioners, no search warrant was obtained by the police from the Judicial Magistrate---Medical report had not been prepared and issued as per procedure, thus the FIR was liable to be quashed---Validity---Section 16 of the Prohibition (Enforcement of Hadd) Act, 1985 was self-explanatory, which made it clear that the offences under Ss. 4, 8 11 of the Prohibition (Enforcement of Hadd) Act, 1985, shall be cognizable only if those were committed at a public place---During patrol, when the police apprehended the accused-petitioners, they were riding a car and raiding police party found smell of alcohol coming from their mouths and no intoxicant liquid was recovered from their possession during search---Admitted fact that when the offence was stated to have been committed, accused-petitioners were riding a car, which did not fall within the definition of ‘public place’ as such the police was not competent to take cognizance of the offences---Cognizance in offences under Ss. 11/14 of the Prohibition (Enforcement of Hadd) Act, 1985 taken by the police was violation of S. 16 read with S. 2(l) of the Act, Ibid---Action by the police in registration of criminal case against the accused-applicants in offences mentioned above appeared to have been found without jurisdiction and without lawful authority---Petition was allowed and FIR was quashed, in circumstances. Muhammad Yameen v. The State 1987 PCr.LJ 1576 and Bheeloo v. The State 1990 PCr.LJ 186 rel. ORDER SARDAR MUHAMMAD EJAZ KHAN, JUSTICE:---.--- The captioned application has been filed for quashment of FIR illat No.179/20 dated 06.06.2020 registered at Police Station, Thothal, in offences under Sections 11/14 of the Prohibition (Enforcement of Hadd) Act, 1985. 2. Brief facts forming background of the instant application are that on 06.06.2020, Shafqat Ali, ASI, along with Police party was on patrol while at about…

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