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PLJ 2013 Lahore 358

MUHAMMAD ISMAEEL vs S.H.O., POLICE STATION GULGASHT, DISTRICT MULTAN

CitationPLJ 2013 Lahore 358
CourtLahore High Court
Case No.W.P. No, 5380 of 2012
Date2012-12-03
Judge(s)Ibad-Ur-Rehman Lodhi
ResultPetition allowed

ORDER

The petitioner seeks quashment of F.I.R. No, 221, dated 27.03.2012, registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, at Police Station, Gulgasht, District Multan.

2. The case has been registered on the allegation of recovery of liquor and raw material for preparation of said liquor under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.

3. From the contents of F.I.R., the petitioner has nowhere found participating either in any offence under Article 3 or Article 4 ibid. It is an admitted position that when the police raided the premises regarding which a spy information was available with the police, only some offending material was recovered and not the petitioner. The prosecution has failed to connect the petitioner with the premises from-where allegedly the contraband items were recovered.

4. The petitioner has completely refused his any connection with' the premises raided and from where the material allegedly recovered. Even if the police prepare a challan under Section 173 of Cr.P.C, there is no remote possibility of conviction of the petitioner in the above given background.

There is no justification to continue with the registered F.I.R against petitioner, which is otherwise to be culminated with no positive result for the prosecution. It will be a sheer wastage of time of the Court to put the present case on trial. Such like cases must be buried in their inception.

5. Resultantly, this petition is allowed and F.I.R No, 221, dated 27.03.2012, registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, at Police Station, Gulgasht, District Multan, is hereby quashed.

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