AZWAR KHAN alias CHUNGI KHAN vs THE STATE

The petitioner, Azwar Khan, sought post-arrest bail in a case registered under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979, at Police Station City Pakpattan, following the alleged recovery of 10 bottles of Desi liquor from a car driven by him. The core legal question before the court was whether the offence alleged against the petitioner constituted a bailable offense under the applicable law. The Lahore High Court held that since there was no evidence showing the petitioner was engaged in selling liquor, his mere possession of the liquor constituted an offence under Article 4 of the Prohibition (Enforcement of Hadd) Order, 1979, which is bailable. Consequently, the court allowed the petition and ordered the release of the petitioner on post-arrest bail subject to furnishing bail bonds. The key principle laid down is that possession of liquor without evidence of trafficking or selling falls under the bailable category of the prohibition laws.