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CRM-M-26987-2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Sr. No.264
Case No. : CRM-M-26987-2025
Decided On : May 27, 2025 Gopi Ram .... Petitioner vs. State of Haryana .... Respondent
CORAM :
HON’BLE MRS. JUSTICE SUKHVINDER KAUR. * * * Present : Mr. Tanvir S. Grewal, Advocate for the petitioner. Mr. Karan Garg, AAG, Haryana. * * * SUKHVINDER KAUR
, J.
: Prayer in the present petition, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is for grant of anticipatory bail to the petitioner in FIR No.49 dated 21.03.2025, under Section 318(4), 336(3), 338, 340 & 61 of Bharatiya Nyaya Sanhita (BNS), 2023 and Sections 61(1)(c), 72-A and 63-A of the Punjab Excise Act, 1914 (Haryana Amendment Bill, 2020) registered at Police Station Nathu Sarai Chopta, District Sirsa (Haryana). The FIR in the present case was registered on the statement of Excise Inspector namely Surender Kataria, wherein it was alleged that during the raid, accused persons namely Bansi Lal, Anup, Vikas, Arun, Ram Shankar were found loading different brands of liquor in two Canters and one Pick-up Van. Thy could not produce any license or permit regarding the same. So, they were apprehended with liquor and other material like labels, MONIKA 2025.05.27 17:56 I attest to the accuracy and integrity of this document
CRM-M-26987-2025 2 holograms etc. found at the spot. Accused were found to have kept fake/illegal liquor making equipment, illegal liquor and having used fake labels and holograms as original. During the investigation, the petitioner was nominated as accused on the disclosure statement of co-accused.
Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the present case. He has been just roped in on the basis of disclosure statement of one of the co-accused and he has nothing to do with the recovery of illegal liquor effected from other co-accused. He submitted that the petitioner is ready and willing to join investigation and he be granted concession of anticipatory bail. Notice in this case was issued on 16.05.2025 and Status Report was called from the State, which has been filed today in Court and is taken on record.
Learned State counsel, while opposing the present bail petition, contended that custodial interrogation of the petitioner is required for fair and effective investigation and in case, he is granted anticipatory bail, then he may not co-operate in the disclosure of sources of duplicate/fake seals, caps of bottles, labels, holograms etc. Heard. As per the allegations, the petitioner was found in possession of holograms, which were found to be fake and forged, as per report of the Company – Imperial Blue. The petitioner was not named in the statement of Inspector, Excise Department, Sirsa. The alleged recovery of holograms has already been effected from the petitioner and now, nothing more is to be recovered from him. MONIKA 2025.05.27 17:56 I attest to the accuracy and integrity of this document
CRM-M-26987-2025 3 Accordingly, without commenting on the merits of the case, the present petition is allowed. In the event of arrest, the petitioner is ordered to be released on bail, on furnishing bail/surety bonds, to the satisfaction of the Arresting Officer/Investigating Officer, subject to the conditions, as provided under Section 482(2) of BNSS. It will be open for the Investigating Officer to call the petitioner to join investigation, if so required, by issuing a written notice in this regard. The petitioner shall also abide by the conditions mentioned in Section 482(2) of the BNSS. However, nothing observed herein above shall be construed to be an expression of opinion on the merits of the case. The observations recorded above are only for the purpose of deciding the present bail petition. May 27, 2025
(SUKHVINDER KAUR) monika
JUDGE Whether speaking/reasoned ? Yes/No. Whether reportable ? Yes/No. MONIKA 2025.05.27 17:56 I attest to the accuracy and integrity of this document