BALJEET SINGH v. STATE OF PUNJAB

HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL CORAM:- HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL HON'BLE MS. JUSTICE RUPINDERJIT CHAHAL Present: Mr. Lupil Gupta, Advocate for the petitioner. Mr. Surinderjit Singh Nahar, AAG, Punjab. Mr. Surinderjit Singh Nahar, AAG, Punjab ***** RUPINDERJIT CHAHAL, J. (ORAL) RUPINDERJIT CHAHAL, J. (ORAL)

1. Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Through the instant petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “BNSS”), the FIR No.54 dated 14.05.2025 petitioner seeks anticipatory bail in case FIR No.54 dated 14.05.2025 petitioner seeks anticipatory bail in case petitioner seeks anticipatory bail in case Station Vairo registered under Section 61 of the Excise Act, 1914 at Police Station Vairo registered under Section 61 of the Excise Act, 1914 at Police registered under Section 61 of the Excise Act, 1914 at Police Ke, District Fazilka. Ke, District Fazilka

2. On 21.01.2026, following order , following order was passed by this Court: - Prayer in the present petition filed under Section 482 of “Prayer in the present petition filed under Section 482 of Prayer in the present petition filed under Section 482 of the BNSS, 2023 is for grant of anticipatory bail to the petitioner the BNSS, 2023 is for grant of anticipatory bail to the petitioner the BNSS, 2023 is for grant of anticipatory bail to the petitioner

14.05.2025 registered under Section in case FIR No.54 dated 14.05.2025 registered under Section 14.05.2025 registered under Section 61 of the Excise Act, 1914 at Police Station Vairo Ke, District 61 of the Excise Act, 1914 at Police Station Vairo Ke, District 61 of the Excise Act, 1914 at Police Station Vairo Ke, District Fazilka. GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document. CRM-M-72214 72214-2025 - -2- Brief facts as per the prosecution case are that a secret Brief facts as per the prosecution case are that a secret Brief facts as per the prosecution case are that a secret information was received that the petitioner was indulged in information was received that the petitioner was indulged in information was received that the petitioner was indulged in r at home. After conducting raid at the distilling illicit liquor at home. After conducting raid at the r at home. After conducting raid at the house of the petitioner, 400 Ltrs. of Lahan was recovered. house of the petitioner, 400 Ltrs. of Lahan was recovered. house of the petitioner, 400 Ltrs. of Lahan was recovered. Hence, the present FIR. Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He petitioner has been falsely implicated in the present case. He that the petitioner was neither present at the further contends that the petitioner was neither present at the that the petitioner was neither present at the further contends spot nor has any concern with the said incident and the alleged spot nor has any concern with the said incident and the alleged spot nor has any concern with the said incident and the alleged recovery is planted upon him. He argued that there is not an recovery is planted upon him. He argued that there is not an recovery is planted upon him. He argued that there is not an iota of evidence to connect the petitioner with the alleged crime. iota of evidence to connect the petitioner with the alleged crime. iota of evidence to connect the petitioner with the alleged crime. that even as per the case of the prosecution, He further argued that even as per the case of the prosecution, that even as per the case of the prosecution, recovery effected from the petitioner is of 400 Ltrs. of Lahan recovery effected from the petitioner is of 400 Ltrs. of Lahan recovery effected from the petitioner is of 400 Ltrs. of Lahan but no instrument for distilling illicit liquor has been recovered but no instrument for distilling illicit liquor has been recovered but no instrument for distilling illicit liquor has been recovered from the spot and mere recovery without any instrument, itself from the spot and mere recovery without any instrument, itself from the spot and mere recovery without any instrument, itself from the spot and mere recovery without any instrument, itself ecution case. No recovery is to be effected from falsify the prosecution case. No recovery is to be effected from ecution case. No recovery is to be effected from falsify the pros the petitioner. Learned counsel has further submitted that the the petitioner. Learned counsel has further submitted that the the petitioner. Learned counsel has further submitted that the petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and petitioner is ready and willing to join the investigation as and when called upon to do so by the investigating agency. when called upon to do so by the investigating agency. Notice of motion. king of the Court, Mr. Ravinder Singh, DAG, On asking of the Court, Mr. Ravinder Singh, DAG, king of the Court, Mr. Ravinder Singh, DAG, State and seeks Punjab, accepts notice on behalf of respondent-State and seeks Punjab, accepts notice on behalf of respondent time to file status report in the matter. time to file status report in the matter. Adjourned to 13.02.2026. Adjourned to 13.02.2026. In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join In the meantime, the petitioner is directed to join from today and would appear as investigation within a week from today and would appear as from today and would appear as and when required by the Investigating Officer and cooperate and when required by the Investigating Officer and cooperate and when required by the Investigating Officer and cooperate with the Investigating Agency. In the event of arrest, he shall be with the Investigating Agency. In the event of arrest, he shall be with the Investigating Agency. In the event of arrest, he shall be admitted to interim bail on furnishing of bail/surety bonds to admitted to interim bail on furnishing of bail/surety bonds to admitted to interim bail on furnishing of bail/surety bonds to stigating Officer. The satisfaction of Arresting/Investigating Officer. The satisfaction of Arresting/Inve petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under petitioner shall also abide by the conditions as envisaged under Section 482(2) of BNSS, 2023.” GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document. CRM-M-72214 72214-2025 - -3-

3. Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Learned counsel for the petitioner submits that in compliance of Court, the petitioner has joined the the order dated 21.01.2026 passed by this Court, the petitioner has joined the Court, the petitioner has joined the the order dated investigation. investigation.

4. HC Karaj Learned counsel for the State, on instructions from HC Karaj Learned counsel for the State, on instructions from , has submitted that the petitioner has joined the investigation and is no Singh, has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no , has submitted that the petitioner has joined the investigation and is no longer required for further investigation. longer required for further investigation.

5. of the statement made by learned State counsel, the In view of the statement made by learned State counsel, the of the statement made by learned State counsel, the interim order dated 21.01.2026 passed by this Court, interim order dated is made absolute. The 6 passed by this Court, is made absolute. The petitioner shall continue to join investigation, as and when called by the petitioner shall continue to join investigation, as and when called by the petitioner shall continue to join investigation, as and when called by the petitioner shall continue to join investigation, as and when called by the Investigating Officer and shall also abide by the conditions as provided Investigating Officer and shall also abide by the conditions as provided Investigating Officer and shall also abide by the conditions as provided Investigating Officer and shall also abide by the conditions as provided under Section 482(2) of the BNSS. under Section 482(2) of the BNSS.

13.02.2026 Gurpreet (RUPINDERJIT CHAHAL) (RUPINDERJIT CHAHAL) JUDGE i) Whether speaking/reasoned? Yes/No i) Whether speaking/reasoned? Yes/No `ii) Whether reportable? Yes/No GURPREET 2026.02.18 10:05 I attest to the accuracy and authenticity of this document.