2025:UHC:1259 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.115 of 2025 Hon’ble Pankaj Purohit, J. Mr. Arvind Vashisth, learned senior counsel assisted by Ms. Monika Pant, learned counsel for petitioner, appeared through video conferencing. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli and Ms. Sweta Badola Dobhal, learned Brief Holders for the State of Uttarakhand. 3. By means of this criminal writ petition, petitioner has impugned the FIR/Case Crime No.0024 of 2025 dated 12.01.2025, under Sections 60 and 72 of the Excise Act (United Provinces Excise Act of 1910), registered with Police Station Ranipur, District Haridwar. 4. Learned counsel for the petitioner has limited his argument to the extent that the investigation agency should comply with the guidelines given in Arnesh Kumar Vs. State of Bihar and another reported in (2014) 8 SCC 273. 5. Since the offence under Sections 60 and 72 of the Excise Act (United Provinces Excise Act of 1910) carries a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Section 35(3) of the B.N.S.S., 2023 (under Section 41A of Cr.P.C.) is necessary to be issued to the petitioner. Hence, it is provided that before taking any coercive measures against the petitioner, the Investigating Officer shall 2025:UHC:1259 abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). 6. Accordingly, the criminal writ petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 21.02.2025 PN