' SH. JAVAID SARFRAZ, J.---The petitioner, Shaukat Khan, seeks pre-arrest bail in case being bearing F.I.R. No,898/2007, dated 1-11-2007 under Articles 3 and 4 of the Prohibition (Enforcement of Hadd)
Order IV of 1979, registered at Police Station Ferozewala District Sheikhupura, at the instance of complainant, Ali Javed, S.-I.
2. AS per F.I.R. The complainant upon receiving a spy information on 1-1-2007 stopped vehicle No, LZB-1650. The driver namely Syed Yasif Raza and one Raja Munir, residents of Rawalpindi, were caught/arrested but the petitioner namely Shaukat Khan managed to escape by taking advantage of rush on the road side and on checking of the vehicle 4100 bottles of liquor were recovered from the loader.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is that he is the owner of vehicle No, LZB-1650, from where the alleged liquor was recovered; that the offences do not fall within the prohibitory clause; that the report from the Chemical Examiner has not yet been obtained and that the petitioner is Government contractor and in order to deprive him to obtain contract, this case has been malafidely got registered at the instance of some interesting parties.
4. Learned Addl. Prosecutor General, while opposing this petition, submitted that huge quantity of liquor has been recovered.
5. The allegation against the petitioner is that he being the owner of vehicle No, LZB-1650 was transporting the huge quantity of liquor, however, despite lapse of over three months, the investigating agency has not been able to verify the ownership of the above said vehicle. Even the report from the Chemical Examiner has not yet been obtained so far, in the absence of which it cannot be said that the substance which was recovered, is liquor or not?, Thus a case of further inquiry has been made out. The possibility, that the case has been registered against the petitioner malafidely , at this stage cannot be ruled out.
6. For what has been disused above, while accepting this petition, ad interim pre-arrest, bail already granted to the petitioner vide order dated 10-12-2007 is confirmed on the same surety.