COURT ON ITS OWN MOTION Vs. STATE OF PUNJAB
LAWS(P&H)-2008-4-50
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 25,2008

COURT ON ITS OWN MOTION Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

RANJIT SINGH.J - (1.) On 23.09.2002, DSP Harjit Singh Brar had sent a statement (ruqqa) (Ex.PR) to SHO Police Station, Raikot. In Ex.PR statement, he stated as under : "To the Officer In-charge, Police Station, Raikot. Today I, DSP along with Mohinder Kumar SI/SHO, Police Station Raikot; Arvind Puri, SI/SHO Police Station Sudhar along with police party in the investigation of case FIR No. 113 dated 06.09.2002 under Section 13(1)(e) read with Section 13(2)(88) PC Act, were present in the house of accused Gurcharan Singh and Gurmel Singh sons of Lal Singh Jat, resident of Pherurai and were searching his house when in the presence of sarpanch Hardev Singh son of Gurcharan Singh Jat resident of Pherurai, Kartar Singh son of Ram Kishan and Tarlochan Singh son of Harbans Singh Jat resident of Pherurai, were conducting search of the house according to the procedure, when from one iron peti (big box), which was lying beneath the stair case, from the bedding kept therein one black plastic envelope, currency notes were recovered. On checking Rs. 1,50,000/- Indian currency and Rs. 5,20,000/- forged Indian currency notes were recovered, which according to separate recovery memos, were taken into possession. Because accused Gurcharan Singh and Gurmel Singh have kept counterfeit Indian currency notes amounting to Rs. 5,20,000/-, they have committed an offence under Section 489 B, C of the IPC. Therefore, on the ruqqa being sent by hand through Constable Jasbir Singh 381 a case be registered against them. After registration of the case, case No. be intimated. I, DSP along with companion police officials is busy at the spot in investigation. Sd/- Harjit Singh Brar DSP Raikot 23.09.2002 In the revenue area of Pherurai. 12.00 noon"
(2.) ON the basis of above said ruqqa, case FIR No. 120 dated 23.09.2002 was registered at Police Station Raikot under Section 489(b), 489(c) IPC. FIR has been exhibited as Ex.PJ. At the spot, DSP Harjit Singh Brar had drawn rough site plan (Ex.PS) to show the place from where the recovery was affected. On 11th October, 2002, vide memo (Ex.PT) arrest of Gurmel Singh accused was effected. Ex.PT was prepared by Harjit Singh Brar DSP and was witnessed by ASI Mohammad Jamil, Police Station Raikot and Constable Tarsem Lal 142. On 22nd October, 2002, arrest memo of Gurcharan Singh accused was prepared. The same is Ex.PU. This memo was prepared by Harjit Singh Brar DSP Raikot and was witnessed by ASI Mohammad Jamil. On 13th October, 2002, disclosure statement of accused Gurmel Singh under Section 27 of the Evidence Act was recorded by Harjit Singh Brar DSP. This is also witnessed by ASI Mohammad Jamil, Police Station Raikot. This disclosure statement is (Ex.PV). On 24.09.2002 Deputy Superintendent got the currency notes verified from State Bank of Patiala, Branch Raikot. Ex.PY is addressed to DSP Raikot in which it has been stated that currency notes have been presented by Mohammad Jamil amounting to Rs. 5,20,000/- and they are forged and counterfeit. On 15.02.2007 SI Pal Singh had sworn affidavit (Ex.PA), wherein he stated that on 02.12.2002 he was directed by DSP Harjit Singh Brar to take the counterfeit currency notes amounting to Rs. 5,20,000/- to Government Printing Press, Nasik. It is further stated that on 02.12.2002, he was handed over counterfeit currency notes by Assistant Mohrrir Head Constable Sukhdev Singh No. 15 and proceeded towards Government Printing Press, Nasik and on 5th December, 2002 he deposited all the counterfeit currency notes at Nasik. On 8th December, 2002 he handed over the receipt regarding deposit of the counterfeit currency notes to DSP and during the period, the counterfeit currency notes remained with him. He did not tamper with the same. Ex. PB is statement of Harjit Kaur widow of Malkiat Singh recorded under Section 161 Cr.P.C. by Harjit Singh Brar DSP on 9th October, 2002, in which she stated that she is the neighbourer of both the accused Gurcharan Singh and Gurmel Singh and 5/6 months before, accused Gurmel Singh came with a small bag and took the currency out of the same and said that with this counterfeit currency, he is going to purchase two buffalos and in the evening with that currency, he bought two buffalos. Purportedly, this statement was recorded to infer that the accused used to deal in the counterfeit currency.
(3.) STATEMENT of Hardev Singh sarpanch under Section 161 Cr.P.C. was also recorded by Harjit Singh Brar DSP, which is Ex.PC. Hardev Singh sarpanch stated in his statement that he was present along with police party in the house of the accused and in his presence, according to the procedure, from the iron box, currency was recovered. He stated that three packets of currency notes of Rs. 500/- denomination amounting to Rs. 1,50,000/- were recovered. 198 currency notes of the denomination of Rs. 1000/- amounting to Rs. 1,98,000/-, six packets of notes of denomination of Rs. 500/-, 44 currency notes of Rs. 500/- denomination in total amounting to Rs. 3,22,000/-. In all forged currency notes amounting to Rs. 5,20,000/- were recovered. A separate memo was attested by sarpanch Hardev Singh, Kartar Singh, Tarlochan Singh and Mohinder Kumar SI/SHO, Police Station Raikot. Recovery memo has been exhibited as Ex.PD, in which details of the notes have been given. Recovery memo Ex.PD as stated above, has been prepared by Harjit Singh Brar DSP and has been attested by sarpanch Hardev Singh, Kartar Singh, Tarlochan Singh and Mohinder Kumar SI/SHO.;


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