- (1.) Before delving into the issues arising in this suo motu writ petition, a brief conspectus of the relevant facts will be necessary. On 23.09.2002, Deputy Superintendent of the Punjab Police one Harjit Singh Brar had sent a statement (Ruqa) to the Station House Officer of the Police Station Raikot stating as follows :- JUDGEMENT_2440_CRLJ_2012_1.html
(2.) On the basis of the aforesaid statement in writing sent to the Station House Officer of the Police Station, Case FIR No. 120 dated 23.09.2002 under Sections 489 (B) and (C) of the Indian Penal Code was registered at Police Station Raikot. On 11.10.2002, accused Gurmail Singh was arrested and on 22.10.2002, accused Gurcharan Singh was arrested. The accused Gurmail Singh made a disclosure statement under Section 27 of the Evidence Act which was recorded by the Deputy Superintendent of Police, Harjit Singh Brar. Currency notes recovered were verified from the State Bank of Patiala, Raikot Branch and the Bank submitted a report to the effect that the currency notes amounting to Rs. 5,20,000/- are forged and counterfeit. Thereafter, the counterfeit currency was sent to the Government Printing Press, Nasik through one Sub Inspector of Police, Pal Singh. The aforesaid Sub Inspector who had sworn an affidavit had stated therein that he was handed over the counterfeit currency notes by Head Constable Sukhdev Singh on 02.12.2002; on 05.12.2002, he had deposited the currency notes at Nasik and on 08.12.2002, he had handed over the receipt regarding deposit of the counterfeit currency notes to the Deputy Superintendent of Police, Harjit Singh Brar.
(3.) In the course of the investigation of the FIR, apart from the above, the statement of one Harjit Kaur was recorded under Section 161 of the Code of Criminal Procedure wherein she stated that she is the neighbour of both the accused and five/six months back accused Gurmail Singh had come with a small bag and taking out the currency notes from the said bag he had said that the same is counterfeit currency and that he is going to purchase two buffalos with the said currency. In the said statement, it was further stated that the said accused had actually purchased two buffalos in the evening on that day.;