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2026 Supreme(Online)(P&H) 81462

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERAJ WADHAWAN – Appellant
Versus
STATE OF PUNJAB & ANOTHER – Respondent
CRM-M_6185_2026



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Neeraj Wadhawan ....Petitioner V/s State of Punjab and another ....Respondents Date of decision: 27.04.2026 Date of Uploading : 28.04.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Tarun K. Sharma, Advocate for the petitioner.

Mr. Adhiraj Singh Thind, AAG Punjab.

Mr. Piyush Sharma, Advocate for respondent No.2.

*****

SUMEET GOEL, J. (Oral)

1. Present petition has been filed under Section 483(3) of the BNSS, 2023 seeking cancellation of anticipatory bail granted to respondent No.2 vide order dated 19.01.2026 (Annexure P-4) passed by Sessions Judge, Ferozepur in FIR No.294 dated 18.10.2025 registered for offences punishable under Section 61 of the Punjab Excise Act, 1914 at Police Station Sadar, Ferozepur.

2. The relevant portion of the order passed by Sessions Judge, Ferozepur, reads as under:

“Heard. In view of the aforesaid specific stand taken by the State to the fact that the petitioner is no more required for custodial interrogation, the detailed order dated 29.10.2025 passed by this Court, while granting the relief of interim protection in this bail application is hereby made absolute. The petitioner shall continue to abide by the conditions incorporated in the previous order. This bail application stands allowed and disposed of, accordingly. Police record be returned and file be consigned to the record room.”

3. Learned counsel for the petitioner has iterated that the Court below has passed the said impugned order in a mechanical manner without appreciating the seriousness and gravity of the allegations. Learned counsel has further iterated that the case pertains to manufacture and sale of spurious liquor which poses great danger to public health and safety. It has been further submitted that the recovery of 200 litres of illicit alcohol and the CFSL report indicating presence of alcohol in high concentration which clearly establishes the hazardous nature of the substance involved. It has been further contended that such unlawful activities have previously resulted in loss of several life within the State and therefore, the custodial interrogation of the petitioner is essential to unearth the larger conspiracy. It has been further argued that the impugned order has been passed without application of mind. Thus, keeping in view the gravity of offence, cancellation of the anticipatory bail granted to respondent No.2 is entreated for.

4. Learned State counsel has filed status report dated 28.02.2026 by way of an affidavit of Sukhwinder Singh, PPS, Deputy Superintendent of Police (City), District Ferozepur and has raised submissions in tandem with the said status report; relevant whereof reads as under: “3. xxx xxx xxx The present FIR was registered on the basis of secret information against four accused. The details qua the facts of the FIR have already been given in details in the column meant for “Bias registration of the FIR”. During investigation of the case, the statement of witnesses Morha Singh and Harish were recorded by the Investigating Officer and both the witnesses have stated that they heard the accused discussing among themselves “that they are selling ethanol” I the form of alcohol as cheap alternate to the whisky. Details of All Accused In order to arrest the accused persons, best efforts are being made by the Police Department and raids are regularly conducted in order to arrest them.

Status of Investigation.

4. That the investigation in this case is still under way.”

5. Learned counsel appearing for respondent No.2 has iterated that the present petition is misconceived as the petitioner has failed to make out any grounds that would warrant cancellation of anticipatory bail already granted by the Court below. Furthermore, the order granting anticipatory bail is a well reasoned and speaking order which has been passed after considering the material placed before the Court. According to learned counsel, the respondent No.2 has cooperated fully with the inv

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