Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3,4

Criminal Procedure Code (V of 1898)--- ----S. 498---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 ,  4---Prohibition of manufacture, etc, of intoxicants---Owning or possessing intoxicants---Pre-arrest bail, grant of---Non-availability of chemical examination report---Non-association of independent witnesses---Scope---Prosecution case was that the accused was in possession of six big and small cartons of water; that he, on seeing the police party, escaped from the spot; that the police secured the said property containing several bottles of wine---Alleged material was not exclusively recovered from the possession of the accused---Chemical Examiner’s report with regard to the alleged material was not available in police file---Alleged incident had taken place in broad daylight and populated area but despite that the complainant did not bother to associate any independent person of the locality to witness the event---Offences under which the accused was booked did not fall within the ambit of prohibitory clause of S. 497, Cr.P.C.---Grant of bail was a rule and refusal was an exception in such like cases and no exceptional ground appeared in the case to withhold the bail---Bail application was allowed, in circumstances. Nasrullah v. The State 2014 MLD 1500 ref. ORDER ABDUL MAALIK GADDI, JUSTICE:---.--- The applicant/accused is present on bail granted to him by this Court vide order dated 21.07.2020. Today, this bail application is fixed for confirmation of bail or otherwise. The allegation against the present applicant/accused is that on 07.07.2020 at 1300 hours complainant ASI Ali Gul Khoso found accused in possession of six big and small cartons of water, who on seeing police party made his escape good; thereafter police secured said property containing 20 bottles of wine of red color, 31 bottles of PAO of red color, 58 bottles of wine (ADHIYA) and (PAO) wine bottles of white color, for which, present case was registered against present applicant/accused on behalf of the State. It is argued by learned counsel for the applicant that present applicant/accused has been involved in this case falsely as there is no recovery of contraband wine from…

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