' ASIF SAEED KHAN KHOSA, J.---Through this petition Muhammad Bashir petitioner has sought post- arrest bail in case F.I.R. No. 546 registered at Police Station Gulgasht, Multan on 28-12-2005 in respect of offences under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. After hearing the learned counsel for the parties and going through the record it has shocked me to learn that so far no report has been received from the Chemical Examiner regarding a sample of the recovered liquid and, thus, it is not clear at this stage as to whether the recovered liquid was alcohol or not. The petitioner had been A apprehended in connection with this case way back on 28-12-2005 and he is languishing in judicial lock-up ever since without there being any material available on the record to show or establish that the recovered substance was a contraband substance. It has dismayed me to find out that the learned Magistrate and. The learned Additional Sessions Judge declining bail to the petitioner had not even bothered to consider this aspect of the matter and they had deemed it appropriate to dismiss the petitioner's applications for bail by holding that reasonable grounds existed to believe in the petitioner's involvement in the alleged offences. The learned Magistrate and the learned Additional Sessions Judge dealing with the petitioner's application for bail shall be well advised to be careful in this regard in future and to be a little more sensitive to the matter of liberty of citizens.
3. There is no material available on the record to show as to how an offence under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 stood attracted to the case in hand. As regards the offence under Article 4 of the said Order of 1979 suffice it to observe that it is yet to be established that the substance allegedly recovered from the petitioner's possession was alcohol. The offences under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 do not attract the prohibition clause contained in subsection (1) of section 497, Cr.P.C.
4. For what has been discussed above the case against the petitioner calls for further inquiry into his guilt within the purview subsection (2) of section 497, Cr.P.C. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond 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.