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| Court rejected bail application of Assistant Director CAPD and five others involved in 10 Lace Liters Kerosene Oil Scam | | |
Jammu, August, 03 :- In a much publicized kerosene oil scam, Special Municipal Magistrate Jammu Mr. Sanjay Parihar today rejected bail applications of Bal Krishan Sharma Assistant Director CAPD (Rural), Rattan Lal, Keshav Sawhney, Sunil Kumar employee of M/S Pee Cee Oil, Veerjee Bhat an employee of M/S Sham Lal and Sons and Vijay Kumar too an employee of M/S T H Malik, who were arrested by the Pir Mitha Police u/s 420/471/468/467/419/109 RPC r/w section 3/7 Essential Commodity Act.
In the detailed order of rejection of bail applications Mr. Sanjay Parihar observed that accused persons have been detained in the case on July 31, 2006 meaning thereby the investigation is still infancy. As regards accused Keshav Sawhney and Rattan Lal the allegations is that they got prepared fake allotment orders from the same typewriter by changing the contents of the genuine allotment order. Ten laces liters of kerosene oil which as per the procedure of the department of CAPD was to be allotted by accused Bal Krishan Sharma Assistant Director (Rural) CAPD Jammu on the basis of monthly quota. Whereas this ten lace liters of kerosene oil has been issued in favour of three oil stockiests M/S Pee Cee Oil and M/S Sham Lal & Sons and M/S TH Malik by way of 89 fake allotment orders. Whereas only one allotment order issued in the month of February, 2006 is stated to be genuine and has been issued by accused Bal Krishan Sharma. The stockiests were required to decant the allotted kerosene oil stock to the kerosene oil dealers and send the decanting report to Assistant Director (Rural) CAPD Jammu. The fake allotment orders have been recovered from the said three stockiests and it is alleged that accused Sunil Kumar, Veerjee Bhat and Vijay Kumar in connivance with accused Rattan Lal and Keshav Sawhney got the allotment orders manufactured and prepared. The three stockiests were allotted regular quota of kerosene oil for three months by the Kerosene Oil companies and the total kerosene oil lifted being 10 laces liters allotted and received within a period of January 2006 to May 2006. The issuing authority Mr. Bal Krishan Sharma kept on releasing the stock of kerosene oil without verifying the stock of kerosene oil is being released by the stockiests on the basis of a genuine allotment order or otherwise.
Mr. Sanjay Parihar Special Municipal Magistrate after hearing Senior Prosecuting Officer Mr. Jawaid Ahmed Khawaja who resisted the bail application on various ground including that the accused committed offence is a non-bailable and they cannot claim bail as a matter of right and also considered the facts of the case and further observed that the allegations on the whole appears to be grave, though the actual act of forgery and preparation of fake allotment orders is attributed to accused Rattan Lal and Keshav Sawhney, but the participation of accused Bal Krishan Sharma and other three accused representing the stockiests cannot be ruled out. This is on the premises of 89 fake allotment orders, which have been recovered from the three oil stockiests and accused Bal Krishan Sharma is alleged to close affinity with accused Rattan Lal and Keshav Sawhney, his participation in the conspiracy cannot be ruled out at this stage. The investigation is still going on so enlarging the accused on bail is certainly going to hamper the investigation process. The conspiracy is required to be investigated so as to ascertain that the money realized by sale of ten lace liters of kerosene oil, which approximately costs Rs One Crore, where this money has been pocketed. The issuance of allotment of kerosene oil in favour of fake dealers emanates from the acts of accused party which is at the cost of state-exchequer as the kerosene oil which was meant for common man, has been misappropriated and converted for unwholesome sale to different quarter just in order to realized wrongful gain. Such acts of forgery and illegal realization of money needs to be curved if we want to strengthen the faith of a common man, which he reposed on the administration of justice. The prosecution has thus been able to make out a case of exceptional nature whereby the petitioners accused are not be enlarged on bail. With these observations Court rejected the bail application of six accused involved in ten lace liters kerosene oil scam. JNF
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