Punjab and Haryana High Court
CRM-M/20555/2026 of PARVESH KUMAR Vs STATE OF HARYANA on 15 July 2026
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 297 CRM-M-20555-2026 Date of Decision:15.07.2026 PARVESH KUMAR ....PETITIONER VERSUS STATE OF HARYANA .....RESPONDENT CORAM: HON’BLE MR. JUSTICE H.S.GREWAL. Present: Mr. Rakesh Kadyan, Advocate for the petitioner. Mr. Vipul Sherwal, AAG,
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision:15.07.2026
PARVESH KUMAR
....PETITIONER
VERSUS
STATE OF HARYANA
.....RESPONDENT
CORAM: HON’BLE MR. JUSTICE H.S.GREWAL.
Present:
Mr. Rakesh Kadyan, Advocate for the petitioner.
Mr. Vipul Sherwal, AAG, Haryana.
H.S. GREWAL, J. (ORAL)
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1. This petition has been filed under section 528 of The Bharatiya Nagarik/ 482 CRPC Suraksha Sanhita, 2023 for quashing the impugned order dated 21.11.2025 passed by the Id. Additional Sessions Judge, Hisar and order dated. 14.10.2025 passed by the Id. JMIC, Hansi, in FIR No. 250, Dated 25.07.2025under Section 61(1)(a) of the Punjab Excise Act, P.S Hansi Sadar (P-4), thereby the application of the petitioner for Superdari for released the beer bottle has been dismissed.
2. Learned counsel for the petitioner submits that the petitioner had moved an application seeking the release of 50 boxes of beer on superdari. The said application was dismissed by the learned Judicial Magistrate Ist Class, Hansi, on the ground that the beer bottles in question constitute the case property in the present FIR. It was further observed that the offence alleged is serious in nature and that the case property is essential to be produced by the prosecution during the course of trial. Accordingly, it RENU RAWAT 2026.07.21 18.27 I attest to the accuracy and integrity of this document Chandigarh was held that no grounds were made out for releasing the beer bottles on superdari.
3. Learned State counsel submits that the offence in question is serious in nature and, therefore, the case property ought not to be released on superdari.
4. I have heard the learned counsel for the parties and have perused the record.
5. Keeping in view the facts and circumstances of the case, this Court is of the considered view that keeping the beer bottles in police possession till the conclusion of the trial is not feasible as the same will get expired/deteriorated as trial will take a long time to conclude. Accordingly, the prosecution is directed to preserve the samples of the recovered beer and the remaining consignment be handed over to the Excise Department who shall look into the matter. In case, the beer is found to be unfit for sale or has expired, the same shall be disposed in accordance with law under the supervision of the ld. Trial Court and if the beer is found to be fit for sale and within its permissible shelf life, the Excise Department shall sell the same in accordance with the prescribed procedure and deposit the sale proceeds before the trial Court, subject to the final outcome of the trial.
6. The present petition stands disposed of in the above terms.
(H.S.GREWAL) 15.07.2026
JUDGE renu
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RENU RAWAT 2026.07.21 18.27 I attest to the accuracy and integrity of this document Chandigarh