1. By this order I propose to dispose of Criminal Bail No,1593 of 2001 filed on behalf of the applicant Raja Rai in a case bearing No,2 of 2001 registered with Police Station Excise, Thatta for offences under Articles 3 & 4, Prohibition (Enforcement of Hadd). Order 1979. The bail plea of the applicant was declined by the two Courts below namely, IInd Civil Judge, Thatta and IInd Additional Sessions Judge Thatta vide two separate orders dated 19-10-2001 and 1- 11-2001, respectively. The prosecution story as unfolded in the F.I.R. Is that on 21-9-2001 at about 8-45 a.m. The complainant Muhammad Jumman Memon, Excise Inspector, Excise Circle, Thatta set the law into motion by lodging F.I.R. At Police Station Excise, Thatta alleging, inter alia, that on the same day when he reached at Satyoon Road, Thatta near graveyard, under the supervision of Zaheer Hussain Shah, ETO, Thatta, alongwith Aftab Hussain Memon, Excise Inspector, Thatta, EC Abdul Jabbar Memon, EC Haji Khan Hamrani, EC Mazhar Ali Shah, EC Malik Hussain Shahani and EC Malik Muhammad Bux, they saw that a white Toyota Corolla car bearing Registration No,W-2235 coming from Jhampir side. They stopped the vehicle and started conducting search. During search, 28 dust coloured bags lying in the dicky and two dust coloured bags lying behind driver's seat and its adjacent seat were checked and found containing 12 pints of Lion and Vat-1 whisky, 360 pints in total. Two persons sitting in the vehicle, disclosed their names as Lakhu Mal son of Kohi Mal and Raja Rai son of Odha Mal Hindu. During their personal search, a plastic bag from the right fold of Shalwar of Lekhu Mal containing Charas weighing about 1000 grams was recovered on the spot, which was wrapped in a white paper. It was sent to the Chemical Examiner, Sindh, for examination.
2. It is further disclosed in the F.I.R. That nothing incriminating was recovered during the personal search of Raja Rai. Later on, 12 pirds of Vat-1, which were sealed separately on the spot, were sent to the Chemical Examiner and accordingly memo of recovery was prepared on the spot before the Mashirs after arresting both the accused persons who were brought .To the Police Station whereas above, was registered. The investigation followed and in due course the applicant was sent up to stand trial in the Court of IInd Civil Judge, Thatta. I have heard Mr. Muhammad Ashraf Kazi, learned counsel for the applicant and Mr. Fazlur Rehman, learned counsel for the State. It has been contended by Mr.Muhammad Ashraf Kazi that according to F.I.R. Alleged recovery of liquor is made from a vehicle which is defined in Article 2(j) of PEHO, 1979 as 'Place' and the same does not come within the definition of 'Public Place' as defined under Article 2(1) of PEHO,, 1979. It has, also, been contended that according to Article 16(1)(a) of PEHO, 1979, a Court cannot take cognizance of the offences committed under Articles 3, 4, 8 and 11 unless such offences are committed at a. Public place and as the offences alleged in the F.I.R. Committed in a vehicle. Which is not a public place as defined under Article 2(j), cognizance of offence in respect of recovery of liqour as alleged in the F.I.R. Cannot be taken. It has, also, been contended that requirements of Article 22 of PEHO, 1979, have also not been fulfilled as according to such Article if any offence under Articles 3,4,8 and 11 of PEHO, 1979, is said to have been committed, Collector, Prohibition Officer or Magistrate. After receipt of such information thinks necessary and has reason to believe that an offence under those Articles have been committed, may issue search warrant.
3. Furthermore, any person who has been entrusted with the execution of such warrant may search and if he thinks proper he may arrest any person found in the place searched if he has reason to believe that such person is guilty of these offences. It has, further, been contended that the Mashirs of the alleged recovery are interested witnesses inasmuch as they are subordinates to the Investigating Officer. Learned counsel for the applicant has relied upon the cases of Mst. Iqbal Bibi v. The State (1995 PCr.LJ 1472), (Muhammad Akram alias Nikku and another v.The State (1996 PCr.LJ 392), Aftab Ahmed v.The State (1994 PCr.LJ 1880) and Muhammad Sibtain v.The State (1994 PCr.LJ 2547) in support of his contentions. Learned counsel appearing on behalf of the State concedes to the above legal position and raised no objection for grant of bail. I have gone through the record and considered the arguments, advanced by the learned counsel for the applicant as well learned counsel appearing on behalf of the State.
4. Though, the offence, committed by the applicant, does not fall under the prohibitory clause of section 497(1), Cr.P.C., but it is well-settled proposition of law that even in respect of offences not falling under prohibitory clause, the Courts are reluctant to admit an accused to bail if there exists a recognized exceptional circumstance. Distinction in between the two i,e, for an offence which is committed against an individual in a theft like case and an offence which is committed against the society as a whole, has to be made for the purpose of bail and the Court should be strictly conscious in exercise of discretion. In the present case 360 pints of whisky were recovered from the vehicle in which applicant was travelling and also 1000 grams of Charas were recovered from the right fold of Shalwar of Lekhu Mal. Recovery of such a huge quantity of whisky and Charas makes this case distinguishable from the other cases of non-prohibitory clause The desire to amass wealth by illegal means has penetrated in all walks of life. The people commit offence detrimental to the society and the country for money. In the above scenario the Courts approach should be reformation-oriented with the desire to suppress such type of offences. In this regard I may rely upon the case of Imtiaz Ahmed v. The State (PLD 1997 SC 545) and accordingly I am not inclined to grant bail to the applicant, which is dismissed. With this observation Criminal Bail Application No,1593/2001 stands disposed of.