IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Sr. No.207 Decided On : November 12, 2025 Jaswinder Singh .... Petitioner vs.

State of Punjab .... Respondent CORAM : HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr. Naveen Bawa, Advocate for the petitioner.

Mr. P. S. Pandher, AAG, Punjab.

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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.78 dated 23.06.2025, under Sections 61, 1, 14 of Punjab Excise Act, 1914, registered at Police Station Division No.2, District Ludhiana.

Brief facts of the case are that on 22.06.2025, Excise Inspector namely Navdeep Singh got secret information that the petitioner was habitual of selling country-made and English liquor and if naka was laid, he could be apprehended with heavy quantity of liquor. Accordingly, naka was laid. The petitioner was seen coming on his Activa and was signalled to stop but he ran away, leaving his Activa behind. One bag was found kept at the footrest of the Activa and on checking, the same was found having 13 bottles of liquor. Accordingly, the aforesaid FIR was registered against the petitioner.

Learned counsel for the petitioner contended that no offence is made out against the petitioner and he has been involved in the present case only on the basis of secret information. He has further contended that the petitioner was neither present at the spot, nor was carrying any liquor with him. It was not possible for him to flee away from the spot, if nakabandi had been laid down. He urged that the petitioner is not required for any interrogation and no recovery is to be effected from him. He is ready and willing to join the investigation and therefore, he prayed that the petitioner be granted concession of anticipatory bail.

Learned State counsel opposed the present bail petition and contended that the allegations levelled against the petitioner are serious. He was found in possession of 13 bottles of illicit liquor make 111 ACE Whisky, which was for sale in UT Chandigarh only. So, to know the source from where he brought the said liquor and to find out the modus operandi of the crime in question, his custodial interrogation was required and he does not deserve concession of anticipatory bail.

Heard.

As per the allegations in the present FIR, the petitioner used to sell the country-made liquor and foreign liquor at high price after purchasing the same at cheap price. He fled from the spot while leaving 13 bottles of illicit liquor. However, recovery in the present case has already been effected and now, nothing is to be recovered from the petitioner.

Custodial interrogation of the petitioner is not required for any purpose. So, no useful purpose would be served by sending the petitioner behind the bars.

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.

Pending application(s), if any, shall stand disposed of along with the present petition.

November 12, 2025 (SUKHVINDER KAUR)

monika JUDGE