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'Testing the Waters': Punjab & Haryana HC Slams Lawyer for Twin Bail Petitions in Rice Fraud FIR, Imposes Heavy Costs
In a scathing rebuke to judicial manipulation, the
dismissed anticipatory bail pleas by advocate
in a basmati rice cheating case, calling his filing of
two identical petitions
through different counsel a
"blatant attempt at
."
Justice Sumeet Goel not only rejected the pleas on merits but imposed ₹50,000 costs, emphasizing that litigants—especially lawyers—cannot pollute the "
" with false affidavits.
From Basmati Deals to Criminal Charges
The saga unfolded in FIR No. 229 dated , at Police Station Dirba, Sangrur, under Sections 318(4) (cheating), 317(2), and 61(2) of the (BNS). Complainant Jatinder Kumar, proprietor of M/s Jainam Foods in Ladwanjara Kalan, alleged that on , Garg and two associates—Tejpal Garg and Sandeep Kumar—arrived in a Safari (HR-05-BQ-9490) posing as exporters from M/s Ganga Overseas and Ganga Foods, Karnal.
They lured Kumar with rates above market (₹6,681 vs ₹6,500 per quintal), promising payment within 10-12 days post-loading, plus discounts. Samples were approved via WhatsApp and calls. Between and , Kumar supplied 100 MT basmati rice and 30 MT super mongra via multiple trucks and bills (e.g., 204, 207, 227, 230). An ₹8 lakh "security" transfer on built false confidence. But payments stopped; threats followed when pressed, revealing "dishonest intention from inception."
Garg, claiming no role in his father's firms, argued it was a commercial dispute with 37-day payment terms, frozen accounts hindering payout, and no .
Petitioner's Pitch: 'Purely Commercial, No Cheating'
Garg's counsel portrayed him as a "respectable" Bar member uninvolved in daily business. Key defenses: - Transaction was legitimate; 10-12 day clause tied to discounts only. - ₹8 lakh paid; more orders followed, negating prior dishonest intent. - Bank freeze pre-FIR blocked payments. - No evidence links him directly; falsely implicated. - Ready to join probe; no flight risk. - Bail granted in "similar" cases.
State's Counter: 'Habitual Pattern, Custody Essential'
Punjab's hit back hard: - Garg named in FIR; led inducement, sample approvals, consignment pickups. - Substantial duping; well-planned cheating via exporter ruse. - Multiple similar FIRs at various stations signal "habitual offender." - Custodial interrogation vital for money trail, co-accused roles, recovery. - Pre-arrest bail hampers probe in economic offence affecting trade fabric.
Judicial Hammer: Merits Meet Misconduct
Justice Goel dissected precedents like (nature/gravity of offence, tampering risk) and (role, flight likelihood). Economic offences demand caution ( ); custodial questioning yields truths pre-arrest bail shields ( ).
, sequence—lure, supply, part-payment, default, threats—spells cheating. Multi-FIR pattern ignored; lawyer status no shield given active FIR role. But the knockout:
duplicate CRM-M petitions (1821 & 1845-2026)
, each with affidavits denying parallels.
"
... strikes at judicial integrity,"
Goel wrote, invoking
on truth's primacy.
"The filing of a false affidavit is not a mere technical veniality, but athat strikes at the very root of judicial integrity."
No equity for ; bail extraordinary, not routine.
'No Sanctuary for '
Key Observations
"Suchis not merely a procedural lapse but a blatant attempt at an affront to the sanctity of judicial proceedings."
"Anticipatory bail can be granted only in exceptional circumstances where the court isof the view that the applicant has falsely been enroped in the crime."
"In cases involving economic offences... the accused is not entitled to anticipatory bail."
"A litigant who attempts to pollute the... is not entitled to any relief."
Dismissal with Costs: Ripple Effects
Petitions axed; Garg must deposit ₹50,000 with , Mohali, in two weeks—or face recovery as land revenue arrears via Sangrur authorities. No merits opinion; probe unimpeded.
This ruling fortifies gates against "testing waters" via multiples, deterring especially bar members. In fraud-plagued agri-trade, it prioritizes probes over preemptive liberty, signaling zero tolerance for process abuse amid rising economic crimes.
