Lahore: Alleged fermentologist granted bail
LAHORE: Justice Khurshid Anwar Bhinder of the Lahore High Court (LHC) on Friday granted bail to Liaqat Ali alias Lucky, who was allegedly involved in liquor fermentation.
The judge expressed dissatisfaction over the police investigation as legal formalities had been ignored during the raid and arrest of the accused.
The judge observed that it was necessary for the raiding party to seek search warrants from the area magistrate before conducting the raid.
The judge remarked that police usually ignored legal procedure on the pretext that the accused would flee before they get arrest warrants. “This excuse may be valid in case where the arrest of a proclaimed offender is required,” the judge said.
The judge also observed that Article 14 of the constitution provided complete and absolute privacy of the house. The judge added that the raiding party had also violated the provision of Section 103 CrPC for not associating independent witnesses from the locality during the recovery process.
Earlier, the Sheikhupura Sadar police had arrested the accused and had recovered articles used in liquor fermentation. The Sheikhupura additional session judge had also rejected his bail application.
The petitioner’s counsel said that the accused was falsely implicated in the case while the police had also violated the law by not associating private person of the locality for recovery of the material.
The counsel also said that the accused was behind the bars for the last three months and was undergoing rigorous imprisonment for an offence that he had not committed.
The deputy prosecutor general, opposing the bail application, said that the accused was caught red-handed by the police while fermenting the liquor and two cases of such a nature had already been registered against him. He asserted that the previous record showed that the accused did not deserve concession of bail at this stage. The judge after hearing the counsel accepted the bail application.