SADIK MOHAMMAD vs STATE OF PUNJAB

CRM-M-38519-2026 1 126 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38519-2026 Date of Decision: 17.07.2026 SADIK MOHAMMAD ......... Petitioner Versus STATE OF PUNJAB ..... Respondent CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present : Mohammad Jameel, Advocate for the petitioner. Mr. J.S. Rattu, DAG, Punjab. **** VIRINDER AGGARWAL, J. (Oral) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 482 of the Code of Criminal Procedure, 1973), seeking quashing of the order dated 08.03.2021 (Annexure P-3), passed by learned Sub Divisional Judicial Magistrate, Malerkotla in FIR No.05 dated 09.03.2017 under Section 61 of Punjab Excise Act at Police Station City Ahmedgarh, District Malerkotla. 2. Learned counsel appearing on behalf of the petitioner inter alia contends that the petitioner had already been granted concession of bail by learned Trial Court. It is submitted that he could not appear before the Trial Court as he was residing in United Arab Emirates and was never duly served with summons. It is further submitted that the mandatory SAURAV PATHANIA procedure prescribed for declaring a p