HARBANS SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A case under Sections 5 (1) (d) and 5 (2) of the Prevention of Corruption Act, 1947, was registered at Patiala, against Shri Harbans Singh, Chairman, Punjab State Electricity Board, Patiala, by Shri Gurdial Singh, Deputy Superintendent of Police, Vigilance Bureau, District Patiala on 10-8-1973 at 8 O'clock. On the same day Sh. Gurdial Singh, Deputy Supdt. of Police, made an application in the Court of Chief Judicial Magistrate, Patiala, requesting for the issuance of a search warrant under Section 96, Cr. P. C. 1898 (hereinafter referred to as old Code) for the search of the places mentioned in the petition. The learned Chief Judicial Magistrate, Patiala, passed the following order on the same day: I have gone through the above report and I have heard the investigating officer and have perused the police file. I have reason to believe that Shri Harbans Singh accused will not produce the things and documents on a requisition under Section 94, Cr. P. C. , so, search warrants as requested be issued.

(2.) SEARCH warrants authorising Sh. Gurdial Singh, Deputy Supdt. of Police, Vigilance Bureau for the search of the places specified in the application and for the recovery of things and documents, were issued on the basis of which the search of the office and house of Sh. Harbans Singh, Chairman, Punjab State Electricity Board, was conducted on the same day and the articles mentioned in annexures P. 3/1, P. 3/2, P. 3/3 and P. 3/4 were recovered.

(3.) SHRI B. R. Kakkar, Under Secretary, Vigilance Department, Punjab State, filed his affidavit on behalf of respondent No. 1. Respondent No. 2 also filed his own affidavit denying the allegations made against him. Sh. B. R. Kakkar in his affidavit stated that the Chief Judicial Magistrate, after having satisfied himself, had issued the search warrants which have duly been executed. It is further stated by him that a charge-sheet has been filed against the petitioner in the Court of Special Judge, Patiala, and he has been charge-sheeted under Section 5 (1) (a) (b) and (d) punishable under Section 5 (25 of the Prevention of Corruption Act, 1947 read with Section 161, Indian Penal Code. He further stated that a case under the Punjab Excise Act for the recovery of liquor/ whisky and a case under the Arms Act for the recovery of a pistol, the licence of which had expired on 4-7-1973, were, registered against the petitioner.