Punjab-Haryana High Court
Manpreet Sharma vs State Of Punjab on 22 May, 2026
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRR-2712-2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR-2712-2025
JUDGEMENT JUDGEMENT OPERATIVE UPLOADED ON
RESERVED ON PRONOUNCED PART PRO-
ON NOUNCED OR
FULL
13.05.2026 22.05.2026 FULL 22.05.2026
Manpreet Sharma ......Petitioner
Vs.
State of Punjab ......Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
HON'BLE MRS. JUSTICE SUKHVINDER KAUR
Present: Mr. A.S. Sidhu, Advocate and
Ms. Chandanpreet Kaur Ahluwalia, Advocate
for the petitioner.
Ms. Pooja Nayar Sharma, DAG, Punjab.
***
ANOOP CHITKARA J.
FIR No. Dated Police Station Sections 79 01.09.2023 Ghagga 3/5/7/9 of the Official Secrets Act 1923, Sections 13, 16, 18 of UAPA 1967 and Sec-
tions 25-54-59(7)(8) of Arms Act 2019
1. Challenging the order framing of charges, the accused has come up before this court by filing the present criminal revision petition.
2. The facts of the case are being taken from the reply dated February 09, 2026 filed by the Deputy Superintendent of Police, Sub-Division Patran, District Patiala. The prosecution's case is that on May 16, 2022, the police officials discovered 08 kilogram and 207 grams of heroin and one pistol from the side strip of a canal.
3. On June 16, 2022, the SHO received a phone call in which information was given about arrest of one proclaimed person namely Amrik Singh. After that he was taken into police remand and on June 14, 2022, Amrik Singh made a disclosure statement that the heroin which was recovered from their fields by Ghagga Police, had been hidden by him. In fact, he took over responsibility for the recovery of heroin, based on which FIR No. 28 dated May 17, 2022 under NDPS Act had been registered. In addition to 08 kilogram and ANJU RANI 2026.05.22 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRR-2712-2025 -2- 207 grams of heroin, one pistol was also recovered from the strip of canal in village Dedhana. Based on that name of accused-Amrik Singh was arraigned as an accused in the above mentioned FIR No.28. On June 20, 2022 Amrik Singh was transferred on production warrants for interrogation and he was arrested in the FIR. On June 23, 2022, during the police remand, 5 mobile phones were recovered from Amrik Singh in which there was a sim card with internation code starting from +44 and also voice recordings of someone who was found to be from Pakistan. The said mobile phones were seized for further analysis. On July 22, 2022, these five phones were sent for analysis and the information was collected which was about voice call with Sher Khan who was from Pakistan who was asking about the 2 AK47 rifles and 250 cartridges from Pakistan and the person told that he had received the same. In addition, Sher Khan was sending threatening voice calls. So there was conversation regarding sending and receiving of AK47 rifles as mentioned above. Further audio was also recovered in which threatening calls were being made and transportation of heroin through drone was also mentioned. In the investigation, the applicant was also found involved and Manpreet Sharma was arraigned as an accused.
4. The petitioner's role has been explicitly mentioned in paragraph No. 47, which reads as follows:-
"ROLE OF PETITIONER:- During the investigation it has been come on record that the petitioner is involved in compromising sensitive classified data of Indian Army which can loss to detrimental to National Security and file containing intelligence information, approximately 139 pages, was given to Amrik Singh son of Raghbir Singh and the later given to Sher Khan ISI agent at Pakistan and the above said file total 139 pages were sent to Director, Military Intelligence Sena Bhawan New Delhi and the report of Headquarters Western Command bearing no. 18005/E/MS/GSI (C) dated 12.01.2024 which is as under:-
"Reference SSP Patiala letter No. 70941/C-3 date 28 December 2023. The matter pertains to an alleged involvement of espionage wherein number 14892225X Sep Manpreet Sharma was allegedly involved in comprising sensitive classified data of Indian Army and loss of which is detrimental to National security. In addition a court of inquiry has been ordered and is under progress at this headquarter for information and necessary action please."
5. It shall also be relevant to refer to para 2 of the reply on merits which reads as follows:-
"That the contents of para No. 1 of the petition are wrong and denied. Rather on 16.01.2024, Sh. Sukh Amrit Singh Randhawa DSP Detective, Patiala has obtained the sanctioned regarding the arm bearing letter No. 01/PESHI/A.D.M dated 10.01.2024 from District Magistrate Patiala and ANJU RANI 2026.05.22 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh CRR-2712-2025 -3- similarly the sanction from the Secretary Department of Home Affairs and Justice Government of Punjab under The Unlawful Activities (Prevention Act 1967) was also obtained on 12.11.2024 and sanction from Central Government of India Ministry of Home Affair was also obtained vide order dated 25.02.2025."
6. The petitioner's prayer is that the prosecution was launched without initiating any sanction under Section 45 of UAPA 1967. A perusal of above mentioned reply debunks the submissions made by the petitioner. The other prayer is that charges were wrongly framed and the same be set aside. A perusal of the order dated August 5, 2025 passed by Additional Sessions Judge cum Special Judge cum Special Court, Patiala, clearly points out that learned trial court had referred to the entire police report in summary filed under Section 173 CrPC and came to the conclusion about the applicant's involvement and his role is also duly mentioned. Based on such order, the charges were framed on August 5, 2025.
7. On the face of it, there is no illegality in the order framing of the charges which is well reasoned and no interference is called for. Consequently, the present petition is dismissed. Pending applications, if any, stand disposed of.
(ANOOP CHITKARA) JUDGE (SUKHVINDER KAUR) JUDGE 22.05.2026 Anju rani Whether speaking/reasoned: Yes Whether reportable: No. ANJU RANI 2026.05.22 16:40 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh