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| Govt declines sanction to prosecute officials involved in multi-crore resin scam | | | EARLY TIMES REPORT
JAMMU, Oct31:- In a major set-back to Vigilance organization who after more than five years investigation and fully proved the case/ established and sent for obtaining prosecution in respect of accused Pritam Chand Kapoor then CCF Jammu, but the Govt vide order No GAD (VIG) 03-SP/2009 dated August 19, 2010 has declined the sanction to prosecute accused Public Servant. Upon this VOJ submitted final report in the Court of Special Judge Anticorruption Jammu for order.
According to the VOJ case reliable information was received that Forest Dept after collecting 1400 metric tons of resin from various forest Division Bench of Jammu Province put into to auction during the year 2003-2004. During the auction JKI offered a rate of Rs 23.50 per kg but PC Kapoor then Chief Conservator forests Jammu sold the resin to a Bombay Based industrial group M/S Dujjodwala @ 18 per KG and caused a huge loss to the state exchequer. According to the enquiry of JSC, lead the registration of present case. A joint surprise check conducted into source information revealed that Mr. PC Kapoor in his capacity as Chief Conservator of Forest Jammu in the year 2004 unduly benefited Firm (s) including M/S Dujjodwala Resin Terpenes Ltd Bari-Brahamana by abusing his official position and getting auction huge quantity of resin at abnormally low rates resulting substantial loss to the state exchequer. It further surfaced that in and around the month of December 2003/ January 2004, PC Kapoor entered into the criminal conspiracy with Proprietor (s) of the firm (s) and their agents including the one Lal Chand Mehra CEO/Manager Dujjodwala Resin and Terpenes Ltd Bari-Brahamana Jammu and with dishonest intent knowingly lowered the minimum reserved rate of resin for which auctions were held on January 30, 2004, February 28, 2004 and March 16, 2004 at Jammu, thereby selling resin at lower rates as comprised to the sale Price on previous and subsequent auctions to the above named beneficiary firm (s) thereby conferring upon the prop (s) of the firm (s) under pecuniary advantage of crores of rupees and loss to state exchequer.
According to the VOJ investigation three impugned auctions a total of 7409 metric tons of resin was sold at a cost of over Rs 13.66 Crores. While fixing the minimum reserved price of Rs 17 to 18 Per KG, Kapoor deliberately and without any justifiable reasons ignored the established practice of adopting the rates of the last auction which was Rs 22.65 Per KG. PC Kapoor also deliberately existing practice of collectively deciding the minimum reserved price through a committee and instead took a decision all by him to lower the maximum reserved price in the impugned actions. The aforesaid acts of omission and commission on the part of named persons prima-facie disclosed the commission of offences u/s 120-B RPC and section 5(d) r\w 5(2) PC Act SVT 2006. Accordingly a FIR No 12/2006 was registered on May 16, 2006 and investigation started.
During the investigation a detailed statement of Pramanand Patnik then PCCF Forest (no retired) has been recorded in which he deposed that he has remained posted as PCCF J&K Forest during the auction of resin question. In all the three auction of resin then CCF Jammu PC Kapoor has proposed reserve rates of resin before holding auctions and he as PCCF had approved reserved rates of resin accordingly before holding auction. He also accepted that all approvals on the proposed rates have been given by him. The PCCF gave the only reasons for lowering the reserved rates of resin due to import of resin in the country from other countries which was liberalized and landed cost of resin in India was much lower than the prevailing market rates of resin in the country during the year 2003-2004. During the investigation of the case that allegations leveled in the FIR was fully established against the accused persons, PC Kapoor, LC Mehra CEO/Manager and Permanand Patnik then PCCF (now retired), the case was sent to Govt for accord of necessary prosecution sanction in respect of accused PC Kapoor then CCF Jammu for producing challan in the Court of law. The matter for obtaining prosecution sanction in respect of PC Kapoor was taken up with the Govt by the CVO but the Govt declined the sanction to prosecute accused Public Servant. Upon this VOJ filed this closure report in the Court of law for order.
It is worthwhile to mention here in the month of March, 2008 the High Court declined to quash the FIR No 12/2006 registered by the VOJ. It is worthwhile to mention here in a recent case of corruption in which Supreme Court observed that “big sharks” and “crocodiles” are being left Scot free and petty officials harassed. JNF
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