1. The petitioner Akbar Ali .through the instant petition seeks post-arrest bail in case FIR No. 2177 dated 19.09.2018 registered at P.S. Shahdra District Lahore offences under Sections 3 & 4 of the Prohibition (Enforcement of Hadd)
2. Order , 1979.
3. Arguments heard. Record perused.
4. As per brief allegations levelled in the FIR, on 19.09.2018 at 11:35 a.m, a tanker bearing Registration No. X.A/741 was intercepted by the police. Two persons were present in the said tanker who attempted to run away from the spot however , one person was apprehended by the police who disclosed his name as Akbar Ali (petitioner), whereas, driver of the abovementioned tanker managed to flee away from the place of occurrence. On checking, 28,000/- liters of illicit alcohol was recovered from the abovementioned tanker .
5. As per contents of the FIR, the petitione r was not the driver of the abovemention ed tanker where from the illicit liquor was recovered. Perusal of the contents of the FIR discloses that the driver of the tanker managed to flee away from the spot. There is nothing on the record to establish that the petitioner was owner of the abovementioned tanker rather the petitioner is admittedly not owner of the abovementioned tanker . There is no evidence against the petitioner that he sold the liquor to any customer and only the statement of the petitioner has been mentioned in the FIR that he was going to sell the abovementioned liquor to Siddique and Asim Akmal co- accused. The said statement was recorded by the police when the petitioner was in police custody and as such the same is not admissible in evidence. Moreover , the abovementioned Siddique and Asif Akmal have already been granted bail by the learned Addl. Sessions Judge, Lahore and this fact has frankly been conceded by Jamshaid, Sub-Inspector , present before the Court. It is also conceded by Jamshaid Sub Inspector that the driver of the tanker who ran away from the spot has subsequently been found to be Muhammad Khalid co-accused and he has also been granted bail by the learned Addl. Sessions Judge, Lahore. Moreover , the offences mentioned in the FIR do not fall within the ambit of Prohibitory Clause of Section 497 of Cr.P.C. and grant of bail in such like cases is a rule while refusal is an exception. Learned DPG has conceded on instructions that the petitioner is not involved in any other criminal case. No exceptional ground has been pointed out by the learned DPG to refuse bail to the petitioner .
5. Keeping in views all the aforementioned facts, case of the prosecution against the petitioner is one of further inquiry therefore, this petition is allowed and the petitioner Akbar Ali is admitted to post arrest bail subject to furnishing the bail bonds in the sum of Rs. 100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.