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| HC refuses to quash proceedings in fake arms licenses scam | | | Early Times Report
JAMMU, Sept 15: Justice Rajnesh Oswal of Jammu & Kashmir High Court dismissed petition filed by one Dalip Singh seeking quashment of proceedings before the CBI Court in fake arm license scam.
The brief facts of the case are that on the basis of a communication received from Special Cell, Delhi Police dated 10.09.1998, FIR No. 8/1999 was registered by the Crime Branch, Jammu against unknown persons on 06.07.1999 with regard to the issuance of large number of fake arms licenses to the non-residents of District Jammu between the years 1994 to 1998 from the office of the District Magistrate/Additional District Magistrate, Jammu. Subsequently, vide notification dated 27.12.2001, the Ministry of Personnel, Public Grievances and Pension (DP&T), Government of India, New Delhi with the consent of Government of Jammu and Kashmir conveyed through notification vide SRO 467 dated 10.12.2001, investigation in FIR bearing No. 8/1999 of Police Station, Crime Branch, Jammu was entrusted to the Central Bureau of Investigation, respondent herein for further investigation and the case was re-registered as RC-7(S)/2002/SIU-I/CBI/SCR-1, New Delhi.
The petitioner in both the petitions challenged the criminal proceedings as also the orders dated 30.05.2013 and 19.07.2013 passed by the trial court by virtue of which the charges for commission of offences mentioned above have been framed against the petitioner along with others.
Justice Rajnesh Oswal after hearing both the sides observed that in the instant case, the mode and manner in which the arms licenses have been issued on the basis of fake, false and forged documents to the persons, who have never been the residents of the Jammu district, itself suggests that the accused persons have acted in tandem with each other. The false and forged documents have been relied upon for the purpose of issuance of arms licenses. The persons to whom the licenses have been allegedly issued have categorically stated that they never resided at the place mentioned in the record pertaining to issuance of arms license. An attempt was made by the learned senior counsel to persuade this Court that it was Surjit Singh Rana, who was under obligation to verify that the procedural formalities were complied with by the applicants and the petitioner had no role in the same. The argument deserves to be rejected for the simple reason that the petitioner was the issuing authority of arms license being the Additional District Magistrate and was not supposed to act as rubber stamp only. The petitioner cannot be absolved of his wrongdoings those have been narrated in details as above.
Justice Rajnesh Oswal observed that this Court had gone through the order impugned passed by the trial court and the perusal of the same reveals that the learned trial court has passed the order impugned well within the parameters of law laid down by Apex Court as such there is no illegality in the order impugned and dismissed the petition. —JNF |
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