' Riaz Hussain petitioner has sought his post-arrest bail in case F.I.R. No,35 registered at Police Station , Muzaffarabad, Multan on 19-2-2002 for an offence under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. According to the F.I.R. The complainant Rab. Nawaz, A.S.I. Received a secret information that liquor was being distilled at the house of the petitioner. Resultantly, the complainant conducted a raid and recovered liqour as well as articles for distillation of the same from the house of the petitioner.
3. I have heard the learned counsel for the parites and have also gone through the record of the case. Admittedly, at the time of raid the liqour was not being sold to any one, therefore, the provisions of Article 3 of the Order was not attracted in the circumstances of the case. According to Article 22 read with Article 16 of the said Order the complainant could not conduct the raid at the house of the petitioner without obtaining a search warrant but in this case no such search warrant was obtained. None of the offences attractes prohibitory clause of section 497, Cr.P.C. Admittedly, the petitioner has no previous history of his indulgence in such-like activities. Neither the bail can be withheld as punishment nor normally refused in cases which were not punishable with ten years or more. Reliance is placed on Muhammad Ameer v. The State (1973 PCr.LJ 205).
4. For what has been discussed above I admit the petitioner to bail subject to furnishing bail bond in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
Bial allowed.