MUHAMMAD AFZAL Versus THE STATE

The petitioner seeks post‑arrest bail in case F.I.R. No, 383 of 2000 dated 16‑10‑2000 under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 read with section 9 of C.N.S.A., 1997 and section 156 of Land Customs Act, 1969 registered at Police Station City Khanpur, for possessing 39 bottles of liquor.

2. The petitioner applied for bail which relief has been declined to him by the learned Additional Sessions Judge, Khanpur vide order, dated 21‑12‑2000. Hence the instant petition.

3. Arguments have been heard and record perused.

4. The petitioner stands charged under Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 read with section 9 of C.N.S.A., 1997. He was arrested on 16‑10‑2000 and since then is in jail. Even if it is assumed that the offence falls under Article 3 (ibid) the same is punishable up to five years, as such offence does not fall within the prohibitory clause of section 497, Cr.P.C. Accordingly the petition is accepted and the petitioner is admitted to bail in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.

H.B.T./M‑1506/L Bail granted.