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1970 Supreme(P&H) 74

GURDEV SINGH
Major Avtar Singh – Appellant
Versus
State – Respondent


Judgment

Gurdev Singh, J.

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 :-

(1) that since the Judicial Magi














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