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| ‘Multi crore resin scam case’ | | HC refuses to quash FIR against then CCF, Manager | | Early Times Reporter
Jammu | Mar 31
Refusing to quash FIR against the then CCF, Jammu and Manager of a private firm in multi crore resin scam, Justice JP Singh of J&K High Court Jammu Wing dismissed the petition as ‘no case of interference has been made out’.
This observation was made in a petition seeking quashment of FIR 12/2006 registered by Vigilance Organization against the then Chief Conservator of Forest PC Kapoor and L C Mehra Manager Dujodwala Resins & Trepans, Bari-Brahamana allegedly involved in multi-crore resin scam.
VOJ had registered FIR on the basis a joint-surprise check conducted into source information revealing that PC Kapoor the then CCF in 2004 by abusing his official position had got auctioned huge quantity of resin at abnormally low rates to M/s Dujodwala Resins & Terpans Bari-Brahamana thus causing huge loss to the state exchequer. It has further surfaced that in or around the month of December, 2003 and January, 2004, Kapoor entered into a criminal conspiracy with the Prop of firms including Dujodwala, its manager LC Mehra, and with dishonest intent knowingly towards minimum reserved price for resins for which auctions were held on January 30, 2004, February 8, 2004 and March 16, 2004 at Jammu whereby selling resins at lower rates as compared to the sale price on previous and subsequent auctions to the beneficiary firms thereby conforming upon the prop of firms pecuniary advantage of crores of rupees, equivalent loss to the state exchequer.
Justice Singh, after hearing Advocates DS Chouhan and Ajay Kotwal appearing for the petitioner and AAG BS Salathia appearing for the state, and going through auction rates of resins from 2003-2005, observed that in terms of law laid down by the Apex Court of India, High Courts have to be extremely cautions and slow to interfere with the investigation or trial of criminal cases which may have the effect of stalling the investigation or prosecution, unless it was convinced beyond any manner of doubt that the FIR did not disclose the commission of any offence or the allegations contained in the FIR would not constitute any cognizable offence or prosecution was barred by any law for the time being in force and it had been considered just and proper to intervene to prevent the abuse of the process of Court. It has to be borne in mind that judicial intervention at the thresh hold of legal process initiated against a person accused of any offence may be detrimental to the larger public and social interest and may take away the legitimate expectations of the society that those committing offences either against any individual or against the society would be expeditiously brought to book. With these observations, the Court dismissed this petition that no case for interference has been made out. JNF |
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