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| Ex Director CAPD acquitted of charges after 15-yr trial | | | EARLY TIMES REPORT
Jammu, June 09- Special Judge Anti Corruption B L Bhat today acquitted ex-Director Command Area Development, (CAD) Jammu S. Daleep Singh from the charge of possessing disproportionate assets. The accused was facing trial for the last 15 years.
Special Judge held that material assembled by the investigation does not incriminate the accused. No substantial ground has been established warranting prosecution of accused for criminal misconduct of possessing assets disproportionate to his known source of income. The instant case is a glaring instance of investigating agency trying to build its case on the edifice of material supplied by the accused in compliance to statute without discovery of material to prove that the information supplied by the accused was false. The bid proved abortive, no figment of imagination surmises and conjectures can substitute substantive evidence, which is woefully lacking in the instant case. Unless facts and figures incorporated in the property statements furnished by the accused are alleged and proved to be false and fabricated, the case set-up by Vigilance Organization has to collapse. The Court observed that prosecution could rebut presumption of innocence of accused only by leading positive and substantive evidence. Of course the accused had satisfactorily accounted for the possession of assets acquired by him during his tenure as public servant. His banking upon the property statements filed annually and the explanation offered being supported by contemporary record is substantially made out and accordingly the accused is acquitted of the charge.
The Vigilance Organization, of the basis of a letter written by SP Headquarters on February 1, 1995, had registered a case against the accused for possessing assets of more than Rs18 lakhs in the shape of house, land, car and cash etc, of which Rs7 lakhs was disproportionate to his known source of income. A case u/s 5(1) (e) r/w section 5(2) PC Acts 2006 was registered and investigation taken up. After completion of the investigation challan was presented in the Court of law. JNF
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