Gurmeet Singh vs. State Of Punjab
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The petitioner, Reema Saini, is the owner of M/S Dhamrait Enterprises, a licensed stockist of sand and gravel. A bill dated 09.05.2026 was issued in the name of M/s Jagrati Stone Crusher. The Tipper driver, apprehended with sand, produced a bill on his mobile phone from Dhamrait Enterprises, which did not match the GST bill. The QR code on Form 15, allegedly issued by the petitioner, led to a fake mining department website. The petitioner claims the bill was misused and forged by the Tipper driver, and that she had no reason to issue a fake bill. She had undergone a renal transplant and was under medical treatment. She joined the investigation pursuant to a court order dated 03.06.2026.
Held
The Court refused to grant anticipatory bail to the petitioner. The Court noted that while the Mines and Minerals (Regulation and Development) Act, 1957, prescribes lesser punishments, illegal mining is a serious environmental crime. Offences under Sections 465, 468, and 471 of the Indian Penal Code, invoked for forging Form 15 which led to a fake website, are considered graver. The Court found the allegations against the petitioner were not trivial and her involvement was revealed through calls exchanged with the Tipper driver. Although the petitioner joined the investigation and provided her mobile phone, the Transit Pass No.STC-10796/Form No.15 issued by her was found to be forged. The Court concluded that even if custodial interrogation was not strictly necessary, it did not constitute sufficient grounds for granting anticipatory bail, considering the prima-facie case, the nature of the offence, and the severity of the punishment. The interim order was vacated.
Key Issues
1. Whether the petitioner can be held responsible for the production of a fake bill by the Tipper driver and connected with illegal mining, given her claim that her bill was misused and forged? (Mixed question of law and fact) 2. Whether the petitioner's involvement in the alleged forgery of Form 15 and its link to a fake mining department website warrants denial of anticipatory bail? (Question of law) Petitioner's arguments: The petitioner contends that she was the owner of Dhamrait Enterprises and issued a genuine bill (Annexure P-2). She argues that this bill was misused by the Tipper driver, and the bill presented by the driver was forged. She denies issuing a fake bill and asserts she cannot be held responsible for the driver's actions or illegal mining. She highlights her medical condition and compliance with the court's order to join the investigation. State's arguments: The State opposes anticipatory bail, stating the Tipper driver did not have a physical bill and showed a forged bill on his phone. They allege the petitioner sent the fake bill/Form 15 to the Tipper owner, Sanjay Kumar, and exchanged multiple calls with the driver. They claim the petitioner has not disclosed facts about the preparation of the forged documents and that her custodial interrogation is required. The mobile phone has been sent for forensic analysis.
Sections Cited
Section 465, Section 468, Section 471, Mines and Minerals (Regulation and Development) Act, 1957
AI-generated summary — verify with the full judgment below
REEMA SAINI 2026.08.21 16:33 I attest to the accuracy and integrity of this document high court chandigarh
CRM-M-32762 of 2026(O&M) 2 owner, he could not produce any physical copy of the bills. The Tipper driver showed bills dated 09.05.2026 of stockist Dhamrait Enterprises, License No.2276, Village Gohlani, Nangal, in his mobile phone which did not tally with the GST Bill. The QR code on Form 15 was scanned, it opened fake website of the mining department. Police Station City, Rupnagar was informed and the Tipper filled with sand was entrusted to ASI Baljit Singh.
Learned counsel for the petitioner submits that petitioner was the owner of M/S Dhamrait Enterprises, Shop No.4, Village Gohlani, Nangal, District Rupnagar where he was selling sand, gravel etc. He was duly licensed as stockist and a bill Annexure P-2 was issued in the name of M/s Jagrati Stone crusher, Village Sarsa Nangal, Rupnagar on 09.05.2026. The said bill was misused by the Driver/owner of the Tipper for illegal mining. Petitioner’s firm had actually issued bill Annexure P-2 and there was no occasion for the petitioner to issue a fake bill to any Tipper. Petitioner could neither be held responsible for the production of fake bill by the Tipper driver nor could be connected with the illegal mining. The bill was forged by changing the number of vehicle and displaying a fake website of the mining department. The actual culprit, the Tipper Driver who was transporting the minerals was let off by the police who were out to arrest the petitioner, who had renal transplant done in 2020 and was under treatment of PGIMER, Chandigarh. He further submits that pursuant to order of this Court dated 03.06.2026, petitioner has joined investigation.
Learned State counsel has filed status report by way of affidavit of Deepinder Singh, PPS, Deputy Superintendent of Police, Rupnagar, District Rupnagar and opposes the prayer for anticipatory bail submitting REEMA SAINI 2026.08.21 16:33 I attest to the accuracy and integrity of this document high court chandigarh
CRM-M-32762 of 2026(O&M) 3 that driver of the Tipper who was apprehended with 800 feet sand was not carrying physical copy of the bill and had shown the bill on his mobile phone. The bill issued by Dhamrait Enterprises was forged. Form No.15 issued by the petitioner was linked with fake website of Mining Department. The fake bill/Form No. 15 was sent to Sanjay Kumar, owner of the Tipper, by the petitioner on phone and 6 calls, one after the other, were exchanged between the driver and the petitioner between 02:40:13 a.m. to 3:02:46 a.m. Sanjay Kumar was nominated as an accused and the matter has been sent to Cyber Investigation Technical Support Unit, Rupnagar, Range Rupnagar, to verify the IP address. Though petitioner joined investigation of the case, he had not disclosed the facts and the manner in which the forged and fake bill and Form No.15 were prepared. His custodial interrogation was still required. The mobile phone of the petitioner had been sent to Forensic Science Laboratory.
Though the law prescribes lesser punishments for offences under Mines and Minerals (Regulation of Development) Act, 1957, illegal mining and mining Act violations are serious environmental crimes, which cause severe environmental damage. Offences under Section 465, 468 and 471 IPC invoked against the petitioner for having forged Form No.15, which opened a fake website of the Mining Department are graver. Allegations against the petitioner are by no means trivial and his involvement has been revealed during the course of investigation, from the calls exchanged with co-accused Sanjay driver of the Tipper. Though, petitioner has joined investigation and made over his mobile phone, pursuant to directions of this Court dated 03.06.2026. Transit Pass No.STC-10796/Form No.15, issued by the petitioner has been found forged. Even if it is accepted that further REEMA SAINI 2026.08.21 16:33 I attest to the accuracy and integrity of this document high court chandigarh
CRM-M-32762 of 2026(O&M) 4 custodial interrogation of petitioner is not required, that alone cannot be good ground to grant anticipatory bail. Considering the prima-facie case against the petitioner, the nature of offence and severity of punishment, there are no extraordinary grounds to extend the benefit of anticipatory bail which is hereby refused.
Interim order dated 03.06.2026 stands vacated. All the pending miscellaneous applications, if any, stand disposed of.
(SHALINI SINGH NAGPAL)
JUDGE 21.08.2026 reema Whether speaking/reasoned : Yes Whether reportable : No REEMA SAINI 2026.08.21 16:33 I attest to the accuracy and integrity of this document high court chandigarh
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.