Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3,4

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 4---Prohibition of manufacture, etc, of intoxicants---Owning or possessing intoxicants---Bail, grant of---Accused persons were apprehended while transporting 552 bottles of liquor---Contention of accused persons was that the recovered articles were diplomatic consignment which was imported for the High Commission of a foreign country by adopting all the legal and codal formalities; that they were only the driver and loader of a Goods Forwarding Agency and that they had not committed any offence---Accused persons had annexed all the relevant documents/ permissions, etc. obtained from the concerned authorities in support of their contentions---Receipt of Goods Forwarding Agency for carrying the said consignment was also enclosed---Offence under Arts. 3 4 of the Prohibition (Enforcement of Hadd) Order, 1979 did not fall under the prohibitory clause of S. 497, Cr.P.C.---Investigation in the case was complete and the accused persons were no more required for the purpose of investigation---Report under S. 173, Cr.P.C. had not been submitted in the court as such there was no chance of early conclusion of trial---Report of Chemical Examiner was yet to be received---Bail was allowed, in circum-stances. 2011 SCMR 1708; 2016 SCMR 1439; 2020 SCMR 1258 and 2020 SCMR 717 ref. Tariq Bashir and others v. The State PLD 1995 SC 34 and Muhammad Tanveer v. The State and another PLD 2017 SC 733 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Only tentative assessment is to be made by the court while deciding the bail application before recording evidence in the Trial Court and it is not permissible to go into details of evidence in one way or the other that might prejudice the case of either party. PLD 1994 SC 65; PLD 1994 SC 88; 2021 SCMR 111 and 2020 SCMR 937 ref. ORDER TARIQ MEHMOOD JAHANGIRI, JUSTICE:---.---Through the instant petition, the petitioners seek bail after arrest in a case FIR No. 168/2021, dated 20.03.2021, offence under Articles 3/4 Prohibition (Enforcement of Hadd), Order, 1979 registered at Police Station Karachi…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492