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| Couple acquitted in disproportionate assets case after 12 yrs trial | | | Early Times Report
Jammu, June 23- After 12 years of investigation and trial, the Special Judge Anticorruption Jammu BL Bhat acquitted Mohan Lal Bhardwaj then Accounts Officer and his wife working in the FCI from the charges of possessing disproportionate assets to the tune of rupees more than 9 lakhs. The Court observed that the prosecution case fails for want of credible, cogent reliable and legal proof.
In his judgment Special Judge Anticorruption, after hearing Special Public Prosecutor appearing for the VOJ and Advocate KK Sharma appearing for the accused and considering the evidence and statements of the witnesses produced by the Vigilance Organization, observed that material evidence has been withheld by prosecution and the account given by the accused has been improperly rejected. The defense version cannot be said to be improvable. Evidence adduced with regard to defense plea raises probabilities, which are preponderant. This finding is apart from the one which holds that the entire exercise of search and seizure was illegal and could not be relied upon to assess whether the accused were holding assets disproportionate to their known source of income. The case is accordingly dismissed and accused acquitted of the charge framed against them, Court ordered.
On a source report the Vigilance Organization started secret enquiry in the month of May, 1997 and after conducting enquiry registered a case under FIR 28/97 u/s 5(2) PC Act 2006 r/w sections 12/14 of J&K Public men and Public servants (declaration of assets and other provisions) Act 1983 r/w section 120-B RPC. After completion of inquiry, Vigilance organization presented challan on September 13, 1999 in the Court Special Judge Anticorruption Jammu.
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