SHAH FARMAN Versus State

ORDER

MALIK HAQ NAWAZ, J.--- The petitioner has been refused bail by the learned Judicial Magistrate/Sessions Judge Ghizer, vide orders dated 31.01.2019 and 21.02.2019 respectively.

2. The learned counsel for the petitioner submitted that the offence under section 3 of EHO entails a punishment of 5 years, which is not the case in hand, while the punishment provided for the offence under section 4 of EHO, 1979 is only 2 years. The learned counsel referred certain judgment of the Court, wherein bail was allowed to the accused in the cases of similar nature.

3. On the other hand Dy. Advocate General submitted that the offences of making Desi Liquor in Ghizer are increasing and the liquor has been described as "mother of crimes" in Islam. The raid was conducted after obtaining search warrant and there is a prima facie case against the petitioner/accused, who is not entitled for concession of bail.

4. Heard the parties at length and record perused.

5. The record reveals that the house of the petitioner/accused was raided after obtaining proper search warrant from a Magistrate and lady police were among the raiding party. The notables of the peace committee were also present when the instant recovery was effected from the house of the petitioner/accused. This Court has allowed bail in the case of EHO-1979 registered under sections 3/4, where house of accused were raided without obtaining search warrants. The utensils and other material which was being used in manufacturing the liquor were taken into possession by the local police.

6. There is prima facie case against the petitioner/accused, hence the bail petition is declined accordingly.

MQ/11/GB Bail refused.