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High Court of Punjab and Haryana · body

2026 DAILYLAW 30455 (PNJ)

LOVEPREET SINGH v. STATE OF PUNJAB

CRM-M/33665/2026 · 2026-07-14

Manisha Batra

body2026

Judgment text

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CRM-M No.33665 of 2026 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 102 CRM-M No.33665 of 2026 Date of decision: 14.07.2026 Lovepreet Singh ... Petitioner Vs. State of Punjab ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Ms. Gurpreet Kaur, Advocate, for the petitioner. Ms. Ruchika Sabherwal, Sr. DAG, Punjab, for the respondent-State. ---- MANISHA BATRA, J. (Oral) 1. The present petition has been filed by the petitioner under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking anticipatory bail in the FIR mentioned below:- FIR No. Dated Police Station Sections 41 22.03.2026 Jhander, District Amritsar Rural 61 of the Punjab Excise Act, 1914 2. As per the allegations, on 22.03.2026, on the basis of a secret information, raid was conducted in the house of the petitioner and recovery of 300 kg. of lahan and 12 bottles containing illicit liquor and working still was effected from the same. The petitioner was not found present at the spot. Apprehending his arrest, he moved an application for MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.33665 of 2026 -2- grant of anticipatory bail which has been dismissed by the Court of learned Sessions Judge, Amritsar vide order dated 30.03.2026. 3. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. A false recovery has been planted upon him. He is ready to join the investigation. His custodial interrogation is not required. No recovery is to be effected from him. It is, thus, argued that he deserves to be released on bail. 4. Notice of motion. 5. Ms. Ruchika Sabherwal, Sr. DAG, Punjab has advance notice of the petition and is ready to argue the matter. It is argued by her that keeping in view the gravity of the allegations as levelled against the petitioner and for the purpose of conducting proper investigation, the custodial interrogation of the petitioner is must. It is, therefore, stressed that the petition does not deserve to be allowed. 6. This Court has considered the rival submissions. 7. The petitioner is alleged to have kept 300 kgs. of lahan and 12 bottles of illicit liquor in his house. For the purpose of eliciting information about the source of the liquor and about the manner in which the subject offence had been committed by him, his custodial interrogation is must. It is well settled proposition of law that arrest is a part of procedure of the investigation to secure not only the presence of the accused but several other purposes. The powers of anticipatory bail MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh CRM-M No.33665 of 2026 -3- are extra ordinary and the same are to be exercised sparingly in exceptional circumstances. The Court has also to see that an order of anticipatory bail should not operate as an inroad in the normal legal procedure of criminal cases by the trial Court. The Court must be circumspect while exercising such power for grant of anticipatory bail and it should not be granted as a matter of rule and has to be granted only when the Court is convinced that exceptional circumstances exist to resort to that extra ordinary remedy. In the present case, no such exceptional circumstances warranting exercise of the powers for grant of anticipatory bail by this Court are existing. Keeping in view the gravity thereof, the role attributed to the petitioner, the likelihood of his influencing the course of investigation and also of tampering with the evidence, no ground has been made out for allowing the petition. As such, this Court is of the considered opinion that the petition does not deserve to be allowed. Accordingly, the same is dismissed. 8. It is, however, clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case. (MANISHA BATRA) 14.07.2026 JUDGE manju Whether speaking/reasoned Yes/No Whether reportable Yes/No MANJU 2026.07.15 17:27 I attest to the accuracy and authenticity of this order /judgment Chandigarh