SABIR HUSSAIN Versus STATE

ORDER

Sabir Hussain, petitioner, aged about 35 years, was arrested on the 20th of March, 1998, in pursuance of a case registered against him and another vide F.I.R. No.81 of 1998, dated 20th of March, 1988, under section 104/411 of the Pakistan Penal Code, at Police Station Shahdara Town, Lahore, regarding an occurrence which allegedly took place on the 20th of March, 1998 at about 1 p.m. at the petrol pump of Sabir Hussain, petitioner known as Allah Dad Filling Station situated at Kala Khataee Road, which is about 3 kilometers from the police station where the F.I.R. was lodged on the same day at 5 p.m. by Sh. Ghulam Rasool, Magistrate, Metropolitan Corporation, Lahore.

2. According to the F.I.R., complainant Sh. Ghulam Rasool, Magistrate Metropolitan Corporation of Lahore had secret information that petrol belonging to the Corporation was being taken out from the vehicles of the Corporation and was being illegally sold and that this illegal activity was being carried on at the petitioner's Filling Station. Accordingly, a raid was conducted by complainant Sh. Ghulam Rasool and co-accused Amjad Ali, a driver of one of the vehicles of the Corporation was taking out petrol from the said vehicle through a pipe and, therefore, he was arrested at the spot.

The petitioner was also arrested because he was present at his petrol pump.

3. The first requirement for application of section 409, P.P.C. is entrustment or deominion over property by a person in his capacity and this is a second requirement of a public servant.

4. Admittedly, there was no entrustment to the petitioner neither did he have any dominion over the property in question, therefore, qua Sabir Hussain petitioner, prima facie, it is a matter of serious doubt as to whether section 409, P.P.C. will have any application.

5. Section 411, P.P.C. is punishable with three years' R.I. and does not fall within the prohibition contained in subsection (1) of section 497, Cr.P.C.

6. Resultantly, the petitioner is granted bail provided he furnishes bail bond in the sum of Rs.50,000 with two sureties in the like amount to the satisfaction of the trial Court/Illaqa Judicial Magistrate.

N.H.Q./S-270/L Bail granted.