1 2025:HHC:24430 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA Cr. MP(M) No. 1685 of 2025 Reserved on : 24.7.2025 Decided on : 28.7.2025 Dinesh Narula …Applicant Versus State of H.P. …Respondent ___________________________________________ Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? ________________________________________________ For the Applicant : Applicant in person with Mr. Karan Singh Kanwar, Advocate. For the Respondent : Mr. Tejasvi Sharma, Additional Advocate General with Ms. Ranjna Patial, Deputy Advocate General, assisted by ASI Ravinder Kumar, I.O., Police Station, Kala Amb, District Sirmour, H.P. Virender Singh, Judge The applicant has filed the present application, under Section 482 of Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as ‘the BNSS’) in case FIR No. 67 of 2025, dated 4.5.2025, registered 2 2025:HHC:24430 under Sections 318 (4), 331 (4), 61(2), 338, 336(3), 340(2) of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS”), and Sections 39(1)(i) and 39(2) (i) of the H.P. Excise Act, (hereinafter referred to as ‘the Excise Act’), with Police Station, Kala Amb, District Sirmour, H.P. 2. By way of the present application, the applicant has sought the indulgence of this Court to direct the Investigating Officer/Police, to release him on bail, in the event of his arrest, in the above-mentioned case, as, he is apprehending his arrest, in the said case. 3. According to the applicant, he is innocent person and has falsely been implicated in this case, as there is no direct/indirect evidence to connect him, with the crime in question. 4. According to the applicant, he is from a respectable family and having deep roots in the society. Investigation is stated to be completed and nothing incriminating is to be recovered from the applicant. 3 2025:HHC:24430 5. Apart from this, the applicant has asserted that he is an old person and does not keep good health. He is stated to be suffering from coronary artery disease and requires frequent check-up. 6. The applicant has tried his luck before the learned Additional Sessions Judge, Nahan, District Sirmaur, H.P. by moving similar application, however, the same was dismissed on 20.6.2025. 7. On the basis of above facts, Mr. Karan Singh Kanwar, Advocate has given certain undertakings, on behalf of the applicant, for which, he is ready to abide by, in case, directions are issued to the Police/I.O., under Section 482 of the BNSS. 8. On the basis of above facts, applicant has sought the relief, as claimed in the present bail application. 9. When, put to notice, the Police filed status report, disclosing therein that on 4.5.2025, Mr. Himanshu R. Panwar, Deputy Commissioner, State Taxes and Excise, Incharge District Sirmour, H.P. has 4 2025:HHC:24430 produced the complaint, before the Police. The contents of the complaint are reproduced, as under: “To The Station House Officer Police Station Kala Amb Dist Sirmour Sub: Regarding Surprise Inspection of M/s Tiloksons Brewery and Distillery Vill Main Thappal, Nahan Road Kalaamb Distt Sirmour. Sir, It is reported that a surprise inspection of M/s Tiloksons Brewery and Distillery Vill Main Thappal, Nahan Road Kala Amb Distt. Sirmour was conducted as per the order of worthy Commissioner State Taxes and Excise Himachal Pradesh under the leadership of Sh. US Rana, Additional Commissioner State Taxes and Excise (Enforcement) HQ Shimla with a team consisting of following officers  DC. STE. Sirmour, H.P 2 Sh. Sachin, AC. STE. Nalagarh. 113 Sh. Anurag Garg, AC. STE Bilaspur 4 Sh. Aman Sophat, AC. STE CZ. Una 5 Sh Kuldeep Singh, ACSTE, Nalagarh-III. 6 Sh. Manoj Kumar, STEO, CZ, Una. 7 Sh. Rupender Singh, STEO, BBN 8 Sh. Manoj Sachdeva, ASTEO, SZ, Parwanoo. The team reached the licensed premises at about 2 AM in the morning of 4.5.2025 and pushed open the main gate and found that unauthorized manufacturing of liquor with labels of brands namely Royal Blue meant for sale in Uttrakhand was under way and labour force of around 20 people were working on the bottling chain Labels of country liquor brand namely "Santra" for sale in Uttrakhand, Artisian Dry Zin blended and bottled by Plot No 124 Rudrapur Distt Udhamsingh Nagar Uttrakhand were found in the bottling hall. Further PP caps with "Shivalik Beverages Pvt Ltd, Chandigarh Excise" embossed on them were also found in the premises. A truck was found stationed loaded with pet bottles in the 5 2025:HHC:24430 premises. The STEO incharge was contacted telephonically about his whereabouts. He informed that Sunday being holiday he had gone to Panchkula on 3rd May evening. He was accordingly directed to reach the premises at the earliest. The STEO reached the premises at about 4:20 AM. He was associated for the detailed inspection. The team proceeded toward the inspector duty room in the premises alongwith the STEO incharge and found that the door was open and the revenue box was also open. The STEO in charge stated that the keys of the main office door and that of the revenue box were with him and he denied handing over the keys to either the management or their representative ever. The revenue locks as per the detailed report attached were found open. The laborers were asked to move aside. The detail stock taking was carried out the spirit storage room, blending hall, BSSR and the bottling hall in his presence and presence of Sh. Gauray the accountant of the factory as the authorized representative/owner did not come on the pretext of bad health The total difference SSR viz a viz the record maintained is Dip150 Bls. 21503.4 As per record Bls16860 Difference Bls. +4643.4 2 SSV-2 NIL- 3 SSV-3 NIL maintained below: Sr No 1 VAT SSV- The total difference in the blending hall viz a viz the record is as below Blending Hall Country liquor Sr No VAT 1 BV- 1 Dip 203.4 Bls 7387.4 As per record NIL Difference (Bls) +7387.4 2 BV-2 2 72.504 NIL +72.504 3 BV-3 328.5 12042.32 NIL +12042.32 Blending Hall IMFL Sr No. VAT 1 BV- 4 Dip 1.7 Bls 61.734 As per record 4400 Difference (Bls) 2 BV-5 47 1848.83 NIL 4338.216 +1848.83 3 BV-6 357 12714.08 NIL +12714.08 The total difference in the bottled stock viz a viz the record maintained is as below: CL Stock as per record Physical stock Difference Pls Q 230 P 382 N 42 Q 159 P 364 N 42 Q- 6 2025:HHC:24430 71 P-18 N--400.5 pls IMFL The following stock of IMLF was found without any mention in the relevant registers i.e. unauthorized bottling; Sl.No 1 Name of the brand Royal Blue Nips 2347cs Pls 1517- 265 Blends in the Holding Tank Approx 30 cs 202-5 Blend in the Filters q Approx 25 cs 168-75 The licensee has therefore contravened the provisions of section 39(1) (a), 39(2)(i) and 39 (2) (iii) of the HP Excise Act 2011, The Punjab Distillery Rules 1932 Excise Rule, Annual Excise Policy by indulging in: 1 Carrying out bottling operations after designated hours in un-authorized manner 2 Bottling of illegal brands without approval of the designated authorities. 3 Illegal transportation, storage and possession of ENA for manufacturing of liquor unauthorizedly. 4 Illegal storage of labels, PP caps and pet bottles 5 Operating the manufacturing facility without prior permission of the STEO In charge. In view of the above the licensed premises was sealed by the inspection team by 3:30PM after obtaining telephonic directions from the Collector (SZ) Shimla H.P. The various registers maintained in the office of STEO incharge were taken into custody. You are requested to take over the custody of the Truck No. HR63F0253 and Mahindra Black (Scorpio) No. T1124DL4979H which were find parked in the premises. Further it is also requested to post suitable security personnel/police men to guard the sealed premises till further order.” 9.1. On the basis of aforesaid complaint, the Police registered FIR and investigation was handed over to ASI Ravinder Kumar. 7 2025:HHC:24430 9.2. On 5.5.2025, Incharge, Police Station, Kala Amb has made a request to Excise Department to join the investigation, upon which, Rupinder Singh, the State Taxes and Excise Officer, Baddi-1, Circle GST Wing Central GST Zone, Una, alongwith the Police party came present on the spot. In the presence of the witnesses, spot was visited and spot map was prepared. 9.3. Rupinder Singh had also produced vehicle Mahindra Scorpio, alongwith its key, before the Police, which was also taken into possession. When, the same was searched, then, from the seat adjacent to the driver seat, a tax invoice No. HMDG/24/25/099, Insurance Certificate letter Policy, which was found to be valid till 16.11.2027, and an affidavit, cheque book, alongwith two cheques, bearing No. 202738 and 202745 were found to be issued, in the name of one Pawan Kumar. The aforesaid documents were taken into possession. The documentation, in this regard, was made. Copy of the same was given to Rupinder Singh. Thereafter, said Rupinder Singh also handed over a truck bearing No. HR 8 2025:HHC:24430 63F 0253, which was found parked in the premises of the Company. The said truck, alongwith its contents, loaded in it, were also taken into possession. As per the documents, found in the truck, the same was found to be registered in the name of Praveen Kumar, S/o Ashok, R/o Anshadh. 9.4. On 6.5.2025, ASI Ravinder Kumar, I.O., Kala Amb, who is member of SIT, alongwith Himanshu R. Panwar, from Excise Department, visited the manufacturing area of the Company and lock of the same was opened. 9.5. During investigation, Himanshu R. Panwar has produced the articles, which were sealed, during the raid of the department. During raid, a white colour sack, containing a number of caps of bottles, weighing 4.488 kg, make Shivalik Breveries Pvt.Chandigarh Excise, was also taken into possession. Similarly, Himanshu R. Panwar, has also handed over 234 card boxes, containing liquor, two card boxes, containing 4 rolls and 9 2025:HHC:24430 5 rolls, respectively (total 9 rolls), to the Police, which were taken into possession. 9.6. During investigation, Police has also taken into possession the articles, which were sealed by the Excise Department, at the time of raid. During investigation, Accountant of the Company, Gaurav Walia was inquired. His mobile phone was also taken into possession. During investigation, it was found that Gaurav Walia had forwarded messages on whatsapp number 9611145101 of Tanvi Narula, daughter of Company owner Dinesh Narula (applicant). The prints of the whatsapp messages were taken and the mobile phone was also taken into possession. After finding his involvement, in this case, applicant was arrested on 6.5.2025. 9.7. During investigation, DVR, which was taken into possession, by the Excise and Taxation Commissioner, was also taken into possession by the Police. 10 2025:HHC:24430 9.8. On 15.5.2025, Gaurav Walia, Sumit, Pawan Kumar and Deepak Dahiya, were arrested. 9.9. On the basis of aforesaid facts, interim protection was granted to the applicant. 9.10. During investigation, as per the Order dated 23/24.5.2025, passed by learned Additional Sessions Judge, Nahan, applicant Dinesh Narula has been associated in the investigation. On inquiry, he disclosed that he is the owner of Tiloksons Brewery and Distillery Company. He has disclosed that due to his ill health, he is unable to look after the work of Company, as such, his daughter Tanvi Narula used to look after the work of Company. He is stated to be not aware about the illicit liquor. 9.11 According to the further stand of the Police, Tanvi Narula has, although, joined the investigation, but has not cooperated with the investigation, as she is not disclosing about the fact from where, she had purchased the raw material, whereas, according to the Police, accused Sumit Kumar, Gaurav Walia and Deepak had 11 2025:HHC:24430 also named Tanvi Narula, as the person, who used to bring the raw material, for manufacturing the liquor. 9.12 As per the further stand taken by the Police, in the status report, applicant Dinesh Narula has joined the investigation on 17.7.2025 and 18.7.2025 and nothing is to be inquired from him. 9.13 On the basis of above facts, a prayer has been made to dismiss the application. 10. The applicant is permanent resident of District Sirmour, as such, it cannot be apprehended that in case, the interim order, dated 16.7.2025 is made absolute, he may not be available for trial. 11. The role allegedly played by the applicant will be proved during the trial. The applicant is presumed to be innocent, till the conclusion of trial and the bail applicant cannot be rejected, as a matter of punishment. 12. Moreover, the Police, in the status report has stated that nothing is to be inquired from the applicant, 12 2025:HHC:24430 as such, no useful purpose would be served by dismissing the bail application. 13. Co-accused Tanvi Narula has also been released on bail, by this Court, on 4.7.2025, in Cr. MP(M) No. 1184 of 2025. As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the application. 14. Considering the peculiar facts and circumstances of the present case, this Court is of the view that when the investigation is complete and nothing is to be inquired from the applicant, the Police is not able to make out a case for custodial interrogation of the applicant. 15. Considering all these facts, the interim order dated 16.7.2025, passed by this Court, is hereby made absolute. Therefore, it is ordered that the applicant be released on bail, in the event of his arrest, in case FIR No. 67 of 2025, dated 4.5.2025, registered with Police Station, Kala Amb, District Sirmour, H.P., under 13 2025:HHC:24430 Sections 318 (4), 331(4), 61(2), 338, 336 (3), 340(2) of the BNS and Sections 39(1)(i) and 39(2)(i) of HP Excise Act, on his furnishing personal bond, in the sum of 5 ₹ 0,000/-, with one surety of the like amount, to the satisfaction of the Investigating Officer. This order, however, shall be subject to the following conditions : a) That the applicant will join the investigation of the case, as and when, called for, by the Investigating Officer, in accordance with law; b) That the applicant will not leave India, without prior permission of the Court; c) That the applicant will not, directly or indirectly, make any inducement, threat or promise to any person, acquainted with the facts of the case, so as to dissuade him/her from disclosing such facts to the Investigating Officer or the Court; and d) That the applicant shall regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so seek exemption from appearance by filing appropriate application. 16. Any of the observations, made hereinabove, shall not be taken as an expression of opinion, on the merits of the case, as these observations, are confined, only, to the disposal of the present applications. 14 2025:HHC:24430 17. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found violated by any of the applicants. (Virender Singh) Judge July 28, 2025 Kalpana