Law:

Section:

Keywords: Offences, Merits Of The Case, Recovery, Place, Procedure, Contentions, Conviction, Information, Satisfaction, Proceedings, Compliance, Petitioner, Imprisonment, Criminal Liability, Premises, Provisions, Liability, Non-Compliance, Evidence, Surety, Prosecution Result: Petition allowed ORDER The two applicants in this case have been sent up to stand trial under section 43 (3), Akbar Act. 2. According to the prosecution Excise Inspector Kotri, is said to have received spy information in pursuance of which he alongwith Mr. Mohsin Ali Shamsi, District Officer Dadu and Police Constable and Head Munshi, Taluka Kotri as well as Mashirs Nazir Ahmad and Qadir Bux went and raided the house of applicant Nasrullah. The police party found both applicants to be present, and after usual precautions searched the house. They found under the cot on which applicant Sher Mohammad was lying down bags of cloth containing charas, which weighed to be 25 seers. On interrogation, applicant Nasrullah led the police to a room in the house where also charas was lying. The whole quantity of charas was weighed and found to be four maunds and seven seers. 3. Learned counsel for the applicants, in support of the application has first raised the contention that an offence under section 43 (3), Abkari Act although punishable with seven years' imprisonment is bailable. For this purpose learned counsel relied upon the provisions of section 41-B, Abkari Act and contended that under the provisions thereof powers have been vested with the Abkari Officer to grant bail to a person accused of an offence punishable under the Act. Accordingly it was urged that since the Abkari Officer has been empowered to release a person arrested for any offence under the Act, irrespective of the nature of the offence it is reasonable to hold that all offences under the Abkari Act are bailable. Developing his argument, the learned counsel referred to the 11 Schedule of Criminal Procedure Code under the terms whereof offences under the Special Acts which are punishable with death, transportation, or imprisonment for 7 years or upward are prescribed to be not bailable. In this connection learned counsel submitted…

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