Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) & 103---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4---Manufacturing, owning or possessing intoxicant---Bail, grant of---Further inquiry---Prima facie, liquor was not recovered from the possession of accused, but according to the contents of F.I.R., huge quantity of liquor was recovered from the rickshaw, ownership of which would be determined by the Trial Court---Was not humanly possible that accused and his co-accused could run away from the spot in presence of already informed complainant and his subordinates, who were nine in numbers---Place of recovery though was thickly-populated area; and it was accessible for public, but no witness from the locality was associated to join the recovery proceedings---Requirement of law as contemplated under S.103, Cr.P.C., was missing---Offence under Art.4 of the Prohibition (Enforcement of Hadd) Order, 1979, was bailable, whereas offence under Art.3 of said Order, did not fall within the prohibitory clause of S.497, Cr.P.C.---Case of accused fell within the ambit of further inquiry in circumstances---Accused being entitled to the concession of post-arrest bail, he was admitted to bail, in circumstances. ORDER ALI BAQAR NAJAFI, J.---The petitioner, through this petition, seeks post-arrest bail in case F.I.R. No.1033 of 2011 dated 31-12-2011, under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 4 of 1979 registered at Police Station D-Type Colony, Faisalabad. 2. Briefly the prosecution story as contained in the F.I.R., recorded on the strength of written complaint of Muhammad Akram, S.I/SHO, is that he along with his subordinates was present at Karoshan Pull on patrolling duty where he received spy information that Abdul Sattar (present petitioner) and Zahoor Hussain, co-accused are doing the business of wine, who after a short while would be coming from Faisalabad City towards Mohallah Farooqabad and if apprehended, contraband article will be recovered from their possession. On this spy information the raiding party was constituted. As per information a rickshaw came from the pointed place which was stopped and the driver and the…

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