S.S. Sandhawalia, J. - (1.) WHETHER Section 482 of the Code of Criminal Procedure 1973 authorises the quashing of a search warrant (and inevitably the searches and seizures in pursuance thereto) issued under Section 93 of the Code and already executed in the course of an investigation of a duly registered cognizable case is the significant question which falls for determination in these four criminal miscellaneous applications before us on a reference.
(2.) LEARNED Counsel for the parties agree that the facts are, similar, if not identical and this judgment will cover all the four cases. It, therefore, suffices to advert to the factual background in criminal miscellaneous No. 5500 of 1977. On the first of August, 1977, a case under Section 5(2) of the Prevention of Corruption Act and under Sections 161, 165A and 201 of the Indian Penal Code was registered at Police Station Saddar Bhiwani against Ch. Bansi Lal, former Union Defence Minister. During the course of its investigation Shri K. C. Kapur, Superintendent of Police, Special Inquiry Agency, Haryana, moved an application before Shri B. K. Gupta, Judicial Magistrate, 1st Class, Bhiwani on the 4th of October, 1977 (Exhibit P. 1) praying for the issuance of search warrant with regard to the premises of the persons and the documents and records specified in the annexures attached to the application aforesaid. It was specifically mentioned in this application that on the basis of the information from various sources available to the Investigating Agency it was of the view that the persons in whose possession and the premises where such documents, articles, money and properties were concealed and secreted would not produce the same before the Police if called upon to do so and rather they would do away with all such documents, properties and articles which would be detrimental to the smooth and proper investigation of the registered case. It was undertaken that the search warrants would be returned to the Court after execution within a fortnight.
(3.) AFTER hearing the Public Prosecutor for the State in support of the said application and on the basis of the record made available to him, the learned Magistrate recorded the following order. - Present: Public Prosecutor for the State. Heard. Search warrants be issued as prayed for. B.K. GUPTA, In pursuance of the warrants aforesaid the premises of the Petitioner were searched on the following day i.e. 5th of October, 1977, by the Deputy Superintendent of Police and in the presence of three witnesses 43 documents were taken into possession, - -vide Annexure P -3. This specifically mentions that the copy of the memo of possession was given to Shri Krishan Kumar, son of Shri Tarlok Chand, and Naresh Kumar, son of Shri Tarlok Chand, and; apparently their signatures were taken thereon. The present application was then preferred after one month and 12 days of the execution of the said warrants seeking to quash out only the search warrant but also the subsequent searches and seizures made thereunder.;