IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 131 CRM-M No.34873 of 2026 Date of decision : 9.7.2026 Date of uploading : 9.7.2026 Rajesh ………….Petitioner Versus State of Haryana …….Respondent CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. Manoj Kumar Taya, Advocate for the petitioner. Ms. Mahima Yashpal Singla, Senior DAG, Haryana. --- SUMEET GOEL, J. (ORAL) 1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the petitioner in case FIR No.91 dated 2.3.2026 under Sections 61(1)(a) of the Punjab Excise Act, 1914, 318(4) of BNS, 2023 (Sections 61(2), 336(3), 338, 340(2) of BNS and Section 4-20 of Excise Act added later on), registered at Police Station Sector 32-33, District Karnal. 2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:- ‘To station House officer Police Station Sector 32-33. Jai Hind today my self PSI along with constable 153/KNL and constable Vijay 1221/KNL by using the private vehicle for patrolling the crime in the area NAVEEN NAGPAL 2026.07.09 18:08 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.34873 of 2026 -2- of Rada Swami Bhawan, Sector 33, Karnal, when a special informer came and gave secret information to the PS: that near the Treatment Plant, in an isolated place in the fields, a person. namely Raju, son of unknown, resident unknown fills cheap brand English liquor into empty bottles of expensive/big brands and sells them at high prices. This activity is currently ongoing at Raju's residence. If a raid is conducted at his house, a large quantity of illegally stored cheap liquor being filled into expensive brand empty bottles could be seized. Considering the informant's tip reliable, after briefing the accompanying staff, a raiding party was dispatched to the address. Upon reaching the location, the informant pointed toward the gate of the house and left. Acting on the signal, when the room on the right side of the main gate was checked, the following items were recovered 5 Patti Full Marka Black & White English liquor 6 Patti Full Marka of Vat 69 English liquor 2 Patti Full Marka of Valentines English liquor 1 separate open containing 6 bottles of English liquor Total: 13 Patti and 6 bottles of English liquor, along with 41 patti of empty bottles of various expensive English liquor brands, one cut plastic sheet contairing caps and open bundles of various brand liquor bottles, plastic tape, a steel knife, and a foam mattress. Upon checking the kitchen adjacent to the room, the following were recovered: 16 Patti Full Marka of English liquor (All Season brand) 14 Patti Full Marka of English liquor (Royal Challenge brand)1 Patti Full Marka of English liquor (Royal Stag brand) Total: 31 Patti Full Marka of English liquor recovered from the kitchen. Samples were drawn separately from each brand 1 bottle each from Black & White (5 Patti Full Marka), Vat 69 (6 Patti Full Marka), Valentines (2 Patti Full Marka + 6 bottles), All Season (16 Patti Full Marka), Royal Challenge (14 Patti Full Marka), and Royal Stag (1 Patti Full Marka). All samples were sealed with the PS/I's official seal. The remaining seized liquor cases and 5 leftover bottles were also separately sealed. The seized liquor was taken into police custody, and the plastic sheet containing a large quantity of caps of various brand English liquor bottles, an open bundle of plastic tape, a steel knife, and a foam mattress were taken into police custody as material evidence through a separate seizure memo, on which the witnesses signed. Since the accused Raju, son of unknown, resident unknown, was found fraudulently filling cheap brand English liquor into empty bottles of expensive brands and selling them to people at high prices thus committing cheating he was arrested on the spot and now I am busy in another investigation and information is sent to the police station through constable Amit Kumar 153/KNL. Sd/- PSI Niranjan Police Station sector 32-33 Karnal, 02.03.2026.’ NAVEEN NAGPAL 2026.07.09 18:08 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.34873 of 2026 -3- 3. Learned counsel for the petitioner has argued that the petitioner is in custody since 09.05.2026. Learned counsel has further argued that the petitioner has been falsely implicated into the FIR in question. Learned counsel has further submitted that the petitioner is a man aged about 41 years and the sole bread earner of his family. He has further argued that, in any case, upon culmination of investigation challan already stands presented and culmination of trial will take long. Thus, regular bail is prayed for. 4. Learned State counsel has opposed the present petition by arguing that the allegations raised are serious in nature and thus the petitioner does not deserve the concession of the regular bail. Learned State counsel seeks to place on record custody certificate dated 8.7.2026 in Court, which is taken on record. 5. I have heard counsel for the parties and have gone through the available records of the case. 6. The petitioner was arrested on 09.05.2026 and is in continuous custody since then. Upon culmination of investigation challan stands presented on 01.06.2025 and it is not in dispute that conclusion of trial will take long. It is not the case before this Court that the whisky/liquor recovered into the FIR is spurious in nature. The allegation appears to be regarding the whisky/liquor qua the FIR in question, is mis-branded one. The rival contentions raised at Bar give rise to debatable issues which shall be ratiocinated upon during the course of trial. This Court does not deem it appropriate to delve deep into these rival contentions, at this stage, lest it may prejudice the trial. Nothing tangible has been brought forward to indicate the likelihood of the petitioner absconding from the NAVEEN NAGPAL 2026.07.09 18:08 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.34873 of 2026 -4- process of justice or interfering with the prosecution evidence. 6.1 As per custody certificate dated 8.7.2026 filed by learned State counsel, the petitioner has already suffered incarceration for a period of 1 month and 25 days. As per the said custody certificate, the petitioner is stated to be involved in one more FIR registered under the Excise Act. Indubitably, the antecedents of a person are required to be accounted for while considering a regular bail petition preferred by him. However, this factum cannot be a ground sufficient by itself, to decline the concession of regular bail to the petitioner in the FIR in question when a case is made out for grant of regular bail qua the FIR in question by ratiocinating upon the facts/circumstances of the said FIR. Reliance in this regard can be placed upon the judgment of the Hon’ble Supreme Court in Maulana Mohd. Amir Rashadi v. State of U.P. and another, 2012 (1) RCR (Criminal) 586; a Division Bench judgment of the Hon’ble Calcutta High Court in case of Sridhar Das v. State, 1998 (2) RCR (Criminal) 477 & judgments of this Court in CRM-M No.38822-2022 titled as Akhilesh Singh v. State of Haryana, decided on 29.11.2021, and Balraj v. State of Haryana, 1998 (3) RCR (Criminal) 191. Suffice to say, further detention of the petitioner as an undertrial is not warranted in the facts and circumstances of the case. 7. In view of above, the present petition is allowed. Petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the Ld. concerned CJM/Duty Magistrate. However, in addition to conditions that may be imposed by the concerned CJM/Duty Magistrate, the petitioner shall remain bound by the following conditions:- NAVEEN NAGPAL 2026.07.09 18:08 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh CRM-M No.34873 of 2026 -5- (i) The petitioner shall not mis-use the liberty granted. (ii) The petitioner shall not tamper with any evidence, oral or documentary, during the trial. (iii) The petitioner shall not absent himself on any date before the trial. (iv) The petitioner shall not commit any offence while on bail. (v) The petitioner shall deposit his passport, if any, with the trial Court. (vi) The petitioner shall give his cell-phone number to the Investigating Officer/SHO of concerned Police Station and shall not change his cell-phone number without prior permission of the trial Court/Illaqa Magistrate. (vii) The petitioner shall not in any manner try to delay the trial. 8. In case of breach of any of the aforesaid conditions and those which may be imposed by concerned CJM/Duty Magistrate as directed hereinabove or upon showing any other sufficient cause, the State/complainant shall be at liberty to move cancellation of bail of the petitioner. 9. In case the whisky/liquor recovered into the FIR in question is found to be spurious, the concerned SP shall be under obligation to file an appropriate application seeking cancellation of the bail granted to the petitioner. In case the concerned SP does not do so, the severe consequences might entail. 10. Ordered accordingly. 11. Nothing said hereinabove shall be construed as an expression of opinion on the merits of the case. (SUMEET GOEL) JUDGE 9.7.2026 Naveen Whether speaking/reasoned: Yes/No Whether reportable: Yes/No NAVEEN NAGPAL 2026.07.09 18:08 I attest to the accuracy and authenticity of this order/judgment HIgh Court Chandigarh