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news details
Court accepts ACB's closure report against then Director Horticulture
9/16/2019 9:23:04 PM
Early Times Report

jAMMU, Sept 16: Special Judge Anticorruption Kashmir RN Wattal accepted the closure report filed by Anticorruption Bureau report in case FIR No.47/2000 u/s 5(2) P.C. Act-2006 r/w 120-B RPC against GA Dar, then Director Horticulture and Mufti Mohammad Muzaffar, then Chief Canning Instructor Horticulture Kashmir.
It reveals from the final report that the instant case was registered on receipt of a complaint purportedly lodged by some employees of Horticulture Department alleging therein purchase of sub-standard canning equipment by accused persons against illegal gratification to the tune of Rs 50 lakhs, an enquiry conducted into the allegations revealed that these two officers had purchased apple basket press and foot operated crown corking machines in the year 1996-97 conferring thereby pecuniary advantage to the supplier and themselves by abusing their official position as public servants. Accordingly a case FIR No.47/2000 u/s 5(2) PC Act Svt 2006 r/w Section 120-B RPC was registered in P/S VOK and investigation started.
Court observed that during the course of investigation of the case, all relevant records were obtained by the IO from the Department concerned, which revealed that after completing departmental formalities, dasti quotations were called vide No 500-05/TS/Acctts dated 06-08-1996 for purchase of Apple basket press heavy duty of certain specifications four numbers; Foot operated crown corking machine of specifications 4 numbers; and Oil stove. In response, three unit holders had offered their rates, among them Ahanger Mechanical works Mujahid Manzil Srinagar offered lowest rates. Accordingly proper supply order was placed and after receiving supply, same was entered in the stocks. Thereafter the CCI Kashmir vide letter No.991-93/TS/Acctts dated 04-03-1997 forwarded the bills of these purchases to aforementioned District Horticulture officers concerned. Then the payment was released in favour of the supplier properly after the funds were released by Director of Horticulture vide order No.176/Plan-1996 dated 01-01-1996.
During the course of investigation, statements of witnesses acquainted with the facts of the case were recorded by the IO Besides, on spot inspection of machinery at Canning Center Achabal, Anantnag was conducted by an expert who furnished the opinion that the machinery is of standard quality and is functional even after the period of 10 years. The investigation of the case also revealed that these machines were used to impart training to local farmers in extracting juice from fruits and vegetables. Besides, the department is earning revenue by extracting juice from vegetables and fruits through these machines at the request of the private individuals. In view of the facts and evidence recorded, the investigation of the case has been closed as "Not Proved" and Commissioner of Vigilance J&K vide his office letter No.CV-FIR- 47/2000-K-1628 dated 15-02-2006 has accorded the approval to close the case as "Not Proved".
Court further observed that the final report supported by the statement of IO clearly indicates that the allegation of illegal gratification in the purchase of machinery in any way for prima facie establishment of guilt against accused, has not been proved during investigation conducted by VOK officials. The investigation in the case seems to have been conducted in right perspective. Court is of considered view that VOK officials have left no stone unturned to conclude the investigation in the case as per the standards and there is nothing on record which may lead to different view in the case. Resultantly, it is appropriate to conclude here that court is absolutely satisfied with the investigation conducted in the case thereby leading to the acceptance of the Final Report. With these observations file is disposed of and shall go to records after due completion. --(JNF)
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