' SH. JAVAID SARFRAZ, J.---Seeks post-arrest bail in case bearing F.I.R. No,286 of 2006 dated 17-6- 2006, registered under section 3/4 Prohibition (Enforcement of Hadd) Order 4 of 1979 at Police Station Baghbanpura, Gujranwala.
2. Brief facts of the case are that on 17-6-2006 at about 12-20 noon during investigation of the case petitioner disclosed that he had liquor in his house and he could recover the same from there.
Consequently on pointation of the petitioner 50 bottles of illicit liquor were recovered and a case was registered on the complaint of Irfan Saleem, S.-I.
3. Learned counsel for the petitioner submits that a false and frivolous case has been registered against the petitioner; that the offences do not fall within the prohibitory clause; and that no private witness has been joined during the recovery proceedings.
4. The petition has been opposed by he learned State counsel.
5. Despite lapse of over three-and-a half months the report of Chemical Examiner has not yet been. Obtained, therefore, it is a case of further enquiry entitling the petitioner to the grant of bail.
The offence under section 4 of the Order is a bailable offence and in such-like cases grant of bail is a right and not a grace from the Court. Section 3 of the order is punishable with an imprisonment upto 5 years, which does not fall within the prohibitory clause and in such-like cases the grant of bail is a rule while refusal thereto is an exception. Tariq Bashir and 5 others v. The State (PLD 1995 Supreme Court 34) is relied upon.
6. In the light of above, while accepting this petition petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,30,000 with one surety in the like amount to the satisfaction of the learned trial Court.