Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3,4,16

Law: Criminal Procedure Code (V of 1898)

Section: 497(2),165

(a) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3, 4 & 16--Import, export, transport, manufacture and owning or possessing intoxicant---Cognizance of offence---Offence under Art.3 of Prohibition (Enforcement of Hadd) Order, 1979, were distinct and separate from those under Art. 4 of the Order---Condition imposed by Art.16 of Prohibition (Enforcement of Hadd) Order, 1979 in relation to offences under Art. 4 of the Order, would not apply in respect of the offence relating to Art. 3 of the Order---Even, if a ‘motor vehicle’ was a ‘public place’, that was not relevant in respect to an offence under Art.3 of Prohibition (Enforcement of Hadd) Order, 1979, which included the offence of "temporary" intoxicants. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 165---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Import, export, transfer, manufacture and owning or possessing intoxicant--Bail, grant of--Further inquiry---Nothing was on record to indicate that the provisions of S.165, Cr.P.C. regarding search by Police Officer, were complied with---Samples had to be drawn from each of the cartons in which the intoxicants were found; and it was only such quantity of intoxicant which was relevant---Offence under Art.3 of Prohibition (Enforcement of Hadd) Order, 1979, did not come within the prohibitory clause and in such like cases, the grant of bail should not be regarded as the exception---Accused had been able to make out a reasonable case for grant of bail and further inquiry was required, before the extent of their involvement or otherwise in the matter could be ascertained---Accused, were admitted to bail in circumstances. Muhammad Akram v. The State 1996 PCr.LJ 392 and Mst. Zar Bano v. The State 1989 SCMR 202 ref. ORDER MUNIB AKHTAR, JUSTICE:---.--- This bail application arises out of F.I.R. No. 312 of 2010 registered at Police Station Sanghar on 4-12-2010 at 1630 hours in respect of an incident alleged to have occurred on the same day at 1510 hours. According to the complainant, A.S.-I. Manzoor Bhatti of the aforesaid police station (who also appears to have been incharge of the police. station at the…

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