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| Court finds case against two, CBI evidence fails against third | | Long Arms Licence Scam | | Early Times Report JAMMU, June 1: In a significant development in the alleged Kishtwar arms licence racket, a Special CBI court in Jammu has found sufficient material to proceed against two accused, while holding that the prosecution failed to produce evidence warranting trial of a third accused, Mukesh Bhargav. Special Judge Anti-Corruption (CBI Cases), Jammu, Pawan Kumar Sharma, passed the order in the case titled CBI Jammu v. G.N. Balwan and Others, arising out of FIR No. RCCHG2018S0006 of 2018 registered for alleged offences under the J&K Prevention of Corruption Act and other substantive offences. The case relates to allegations that arms licences were fraudulently issued from District Kishtwar to five Army personnel during 2015, despite their neither being posted in the district nor being its permanent residents. The CBI alleged that the licences were processed through employees or representatives of gun houses in connivance with public servants. According to the prosecution, the cases involved applicants from outside Jammu and Kashmir who allegedly approached persons connected with gun houses for securing arms licences. The applications were allegedly processed through the office of the District Magistrate, Kishtwar, and licences were issued without the applicants fulfilling the requisite territorial conditions. During the arguments, Public Prosecutor Varun Gupta appeared for the CBI. Advocate Surekha Bhat represented accused Mushtaq Ahmed Sheikh, while Advocate Vishal Kapoor appeared for accused Mukesh Bhargav and Amarnath Bhargav. The defence opposed the framing of charges, contending that there was no evidence establishing illegal acts or conspiracy on the part of the accused. It was argued that merely being connected with gun houses or serving as a judicial clerk could not, in the absence of direct evidence, make the accused liable for the alleged irregular issuance of arms licences. After examining the charge-sheet and material collected during investigation, the court observed that there was sufficient evidence against Mushtaq Ahmed Sheikh and Amarnath Bhargav to proceed with trial. However, the court found that the CBI had failed to place sufficient material on record against Mukesh Bhargav. It observed that putting him on trial in the absence of adequate evidence would be a "futile exercise." The court also noted that proceedings against accused G.N. Balwan, the then District Magistrate, Kishtwar, have been stayed by the High Court of Jammu & Kashmir and Ladakh. Consequently, the Special Court refrained from expressing any opinion in his case. The matter has been directed to be listed for further proceedings on July 2, 2026. (JNF) |
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