TANVIR AHMAD KHAN, J.--The petitioners, both father and son inter se, have approached this Court for post arrest bail in a case registered against them vide FIR NO.178 dated 23.6.1990 under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979, at Police Station City Gojra.
2. The allegations against the petitioners that after the registration of case FIR No.176, facts of which have been given in Cr. Misc. No.3449/B-90, the raiding party reached the petitioners shop and apprehended both the petitioners. Rs.610.00 from the possession of petitioner No.1 while Rs.3000/- were recovered from petitioner No.2. 80 bottles of liquor each weighing 12 ounce were also recovered at the Plantation of petitioner No.2 from an Almirah in the shop.
3. Bail has been sought on the ground that the petitioner Aziz-ud-Din is a qualified dispenser and is running a Chemist and Druggist shop for the last many years under the licence issued by the Licensing Authority, Toba Tek Singh, under the Drugs Act 1976 and the Rules made thereunder.
Learned counsel has stated that the incriminating material, according to the Chemical Examiner's reports, was tincture aurantia which is a substandard medicinal preparation. Learned counsel has placed on record a cash memo and a permit of transportation of the alleged incriminating material to the shop both dated 21.6.1990. It is argued by the learned counsel that the petitioners have been involved in this case out of ulterior motive to pressurize petitioner No.1 to withdraw his suit for degames Hied by him agains the Inspector CIA, Toba Tek Singh. To substantiate the same, he has referred to another FIR No.180 registered at the same the at the instance of Javed Ali S.I. CIA of Toba Tek Singh at this very police station. It has also been argued that the raid was conducted in clear violation of Article 22 of Prohibition Order as no search warrant was issued. Resultantly, the raid as well as the consequent investigation has no sanction of law. A grievance has also been advanced that the provision of section 103 Cr.P.C, has also been violated as no public witness was associated in the alleged recovery although the medical store is situated in the main bazar of Gojra.
4. I have considered the contentions. According to the medical report, the alleged incriminating material recovered from the petitioner was Tincture aurantia which is a substandard medicinal preparation. Article 3(1) of the Prohibition Order does not fall within the prohibitory clause and the offence under Article 4 being punishable upto to years is bailable. Petitioners are behind the bars for the last more than three months. Prima facie, they are bonafide licence-holders to deal in this business. I do not want to dilate any further on this issue as this may prejudice the case of either party. In view of what has been said above, I admit the petitioners to bail provided they furnish bail bond each in the sum of Rs.20,000/- with to sureties, each in the like amount, to the satisfaction of AC/Duty Magistrate, Gojra.