MAJOR AVTAR SINGH Vs. STATE AND OTHERS

JUDGEMENT

(1.) In the course of the investigation of a case registered under Section 5(2) of the Prevention of Corruption at Police Division No. 5, Ludhiana, against Shri P.C. Behl, a former District Magistrate of Ludhiana, the investigating officer approached Shri M.S. Lubana, Judicial Magistrate 1st Class, Ludhiana, for general search warrants under Section 96(1) of the Code of Criminal Procedure against the petitioner Major Avtar Singh and others. The learned Magistrate readily accepted to the request and issued warrants authorizing Shri Om Parkash Sharma, Superintendent of Police, Special Inquiry Agency (Vigilance), Punjab (respondent No. 2) to search the house of Major Avtar Singh, petitioner, Mit Singh, Dewan Chand Behl and Piare Lal and P.C. Behl and "to seize documents that may incriminate Shri P.C. Behl and further the investigation of the case."

(2.) Feeling aggrieved by the issue of these warrants, Major Avtar Singh has approached this Court under Section 561-A of the Criminal Procedure Code to quash the search warrants issued against him. The various grounds on which the validity of the search warrants has been assailed are :-

(3.) The records summoned from the Magistrate disclose that at the time the Magistrate accepted the prayer of the investigating officer to issue the general search warrant against the petitioner and others, he had before him merely a copy of the first information report containing the allegation that it was reliably learnt that in the course of his employment with the Government Shri P.C. Behl had acquired assets disproportionate to his known source of income in his own name and in the name of his wife and sons. No other material was placed before the Magistrate and before issuing the impugned warrants he did not even examine the investigating officer to satisfy himself that the petitioner was in possession of any documents connected with the crime or that it was necessary to order the general search of his house. He did not even try to find out how the petitioner was connected with Shri P.C. Behl against whom the first information report had been lodged and ordered the general search of the petitioner's house on the ground that "for the effectual investigation of the case registered against Shri P.C. Behl, it is necessary to issue general search warrants to seize documents incriminating Mr. Behl."