Khalid Alias Bilu vs The State
This criminal matter arises from a petition for pre-arrest bail filed by Khalid alias Bilu seeking relief in case F.I.R. No. 103 registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order No. IV of 1979 at Police Station Civil Lines, Sialkot. The core legal question was whether the petitioner, who was accused of possessing a bottle of liquor, was entitled to pre-arrest bail given that he produced a valid liquor purchase permit issued in his name. The Lahore High Court held that the petitioner's contention regarding the valid purchase and possession of the liquor under a permit could not be brushed aside summarily, bringing his case within the scope of further inquiry under subsection (2) of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court allowed the petition and confirmed the pre-arrest bail, laying down the principle that the possession of a valid liquor permit by an accused raises a question of further inquiry warranting the grant of bail.
- Whether the possession of a valid liquor permit by an accused constitutes a case of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Is an accused entitled to pre-arrest bail when holding a valid permit for the liquor allegedly recovered from him?
- Articles 3/4, Prohibition (Enforcement of Hadd) Order 1979
- Section 497(2), Code of Criminal Procedure 1898
ORDER M. BILAL KHAN, J.- Khalid alias Bilu son of Samual Masih, the petitioner, seeks pre-arrest bail in case F.I.R. No. 103, dated 3.3.2006, registered at Police Station, Civil Lines, Sialkot, for offences under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order No. IV of 1979.
2. The allegation against the petitioner who is Christian by faith, as it unfolded in the F.I.R, registered at the instance of Muhammad Boota, AS1, was that while he was on patrol duty alongwith some police functionaries h< received a secret information that, the petitioner was proceeding towards his house from Lorry Adda and wa holding a black coloured shopper bag in his hand which contained a bottle of liquor;, ultimately a raid was conduct and the petitioner on seeing the police party threw away th bottle of liquor and ran away. Resultantly the instant F.I.F had been recorded.
3. The petitioner applied for his pre-arrest bi which was turned down by the learned Addl. Sessioin Judge, Sialkot vide his order dated 18.3.2006. Hence the instant petition.
4. I have heard the learned counsel for the parties and have perused the record brought by Muhammad Munawar, AS1, Police Station, Civil Lines, Sialkot.
5. The petitioner has produced a Permit for buying liquor which had been issued in his name in the year 2002 for six units of liquor. He contended that the bottle which had allegedly been recovered from him had been validly purchased and was being kept with him. This contention cannot be brushed aside summarily. His case is clearly one of further inquiry within the meanings of subsection (2) of Section 497, Cr.P.C.
6. Resultantly this petition is allowed and the ad- interim pre-arrest bail granted to the petitioner in terms of this Court's order dated 17.4.2006 is hereby confirmed.