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2023 DAILYLAW 3994 (PNJ)

BALJEET SINGH v. STATE OF PUNJAB

CRM-M/72214/2025 · 2026-02-13

Rupinderjit Chahal

Public Interest Litigationbody2023

Judgment text

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CRM-M-72214 IN THE HIGH COURT OF PUNJAB & HARYANA 245 BALJEET SINGH STATE OF CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: RUPINDERJIT CHAHAL, J. (ORAL) 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case registered under Section 61 of the Excise Act, 1914 at Police Ke, District Fazilka 2. 72214-2025 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH BALJEET SINGH Versus STATE OF PUNJAB HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Lupil Gupta, Advocate for the petitioner. Mr. Surinderjit Singh Nahar, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case registered under Section 61 of the Excise Act, 1914 at Police Ke, District Fazilka. On 21.01.2026, following order “Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner in case FIR No.54 dated 14.05.2025 registered under Section 61 of the Excise Act, 1914 at Police Station Vairo Ke, District Fazilka. -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-72214-2025 Date of decision: 13.02.2026 ….Petitioner ....Respondent HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Mr. Surinderjit Singh Nahar, AAG, Punjab. Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the petitioner seeks anticipatory bail in case FIR No.54 dated 14.05.2025 registered under Section 61 of the Excise Act, 1914 at Police Station Vairo , following order was passed by this Court: - Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner 14.05.2025 registered under Section 61 of the Excise Act, 1914 at Police Station Vairo Ke, District - Petitioner ....Respondent Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.54 dated 14.05.2025 Station Vairo Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner 14.05.2025 registered under Section 61 of the Excise Act, 1914 at Police Station Vairo Ke, District GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document. CRM-M-72214 petitioner has been falsely implicated in the present case. He further contends from the spot and mere recovery without any instrument, itself falsify the pros petitioner is ready and willing to join the investigation as and petitioner shall also abide by the conditions as envisaged under 72214-2025 Brief facts as per the prosecution case are that a secret information was received that the petitioner was indulged in distilling illicit liquor at home. After conducting raid at the house of the petitioner, 400 Ltrs. of Lahan was recovered. Hence, the present FIR. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He further contends that the petitioner was neither present at the spot nor has any concern with the said incident and the alleged recovery is planted upon him. He argued that there is not an iota of evidence to connect the petitioner with the alleged crime. He further argued that even as per the case of the prosecution, recovery effected from the petitioner is of 400 Ltrs. of Lahan but no instrument for distilling illicit liquor has been recovered from the spot and mere recovery without any instrument, itself falsify the prosecution case. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. Notice of motion. On asking of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent time to file status report in the matter. Adjourned to 13.02.2026. In the meantime, the petitioner is directed to join investigation within a week from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Inve petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” -2- Brief facts as per the prosecution case are that a secret information was received that the petitioner was indulged in r at home. After conducting raid at the house of the petitioner, 400 Ltrs. of Lahan was recovered. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He that the petitioner was neither present at the spot nor has any concern with the said incident and the alleged recovery is planted upon him. He argued that there is not an iota of evidence to connect the petitioner with the alleged crime. that even as per the case of the prosecution, recovery effected from the petitioner is of 400 Ltrs. of Lahan but no instrument for distilling illicit liquor has been recovered from the spot and mere recovery without any instrument, itself ecution case. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. king of the Court, Mr. Ravinder Singh, DAG, Punjab, accepts notice on behalf of respondent-State and seeks time to file status report in the matter. Adjourned to 13.02.2026. In the meantime, the petitioner is directed to join from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the conditions as envisaged under - Brief facts as per the prosecution case are that a secret information was received that the petitioner was indulged in r at home. After conducting raid at the house of the petitioner, 400 Ltrs. of Lahan was recovered. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He that the petitioner was neither present at the spot nor has any concern with the said incident and the alleged recovery is planted upon him. He argued that there is not an iota of evidence to connect the petitioner with the alleged crime. that even as per the case of the prosecution, recovery effected from the petitioner is of 400 Ltrs. of Lahan but no instrument for distilling illicit liquor has been recovered from the spot and mere recovery without any instrument, itself ecution case. No recovery is to be effected from the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and king of the Court, Mr. Ravinder Singh, DAG, State and seeks In the meantime, the petitioner is directed to join from today and would appear as and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to stigating Officer. The petitioner shall also abide by the conditions as envisaged under GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document. CRM-M-72214 3. the order dated investigation. 4. Singh, has submitted that the petitioner has joined the investigation and is no longer required for further investigation. 5. interim order dated petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. 13.02.2026 Gurpreet 72214-2025 Learned counsel for the petitioner submits that in compliance of the order dated 21.01.2026 passed by this Court, the petitioner has joined the investigation. Learned counsel for the State, on instructions from , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. In view of the statement made by learned State counsel, the interim order dated 21.01.2026 passed by this Court, petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No -3- Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the Learned counsel for the State, on instructions from HC Karaj , has submitted that the petitioner has joined the investigation and is no of the statement made by learned State counsel, the 6 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No - Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the HC Karaj , has submitted that the petitioner has joined the investigation and is no of the statement made by learned State counsel, the is made absolute. The petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided (RUPINDERJIT CHAHAL) GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document.