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| Misappropriation of Govt Cement | | Court awards 4 years imprisonment to JKPCC official | | EARLY TIMES REPORT
Jammu, Feb-23 :- Special Judge Anticorruption Jammu AK Koul today awarded four years imprisonment to Janak Raj Gupta then Senior Supply Officer Jammu & Kashmir Project Construction Corporation (JKPCC) for misappropriation of Govt cement in the year 1999.
Crime Branch Jammu on a source report on June 19, 1999 received information that accused Janak Raj Gupta who was then posted as Supply Officer JKPCC owned a cement store under the name and style MJ Trader near his residential house sector 4 Channi Himmat Jammu. It is further revealed that accused in connivance with officer/officials of JKPCC and private individuals was transporting cement from JKPCC Cement Store High Court Complex Janipur Jammu through fake indents for sale for wrongful gain and he was also dumping the Govt cement in his cement store for further transportation to construction site of under-construction house of Deputy General Manager JKPCC Division situated at Sector-6 channi himmat Jammu for being used in the said construction.
It is further disclosed that the accused in active connivance with Executive Engineer was about to take 200 bags of “Shree Brand” cement from cement store of JKPCC in a truck through fake indent for dumping the same in his own cement store. Crime Branch constituted a team of officers to nab the accused red-handed. The team chased truck in which cement was loaded from High Court complex Janipur and accused was found going a head of the said truck on his own scooter. The cement was unloaded in the cement store of accused at Channi-Himmat. The Driver was caught on spot during the process of unloading but accused managed to escape along with record. The raiding team found 75 bags of cement were unloaded from the truck dumped in the cement store of accused when 125 bags of cement were still in the truck. CB team also visited the location where the house of Deputy GM was being constructed to ascertain his role in fraudulent deal. Some empty bags of cement were different brands recovered and the fact suggested the innocence of Deputy GM. A case u/s 5(2) of PC Act r/w section 409/120-B RPC was registered against accused Janak Raj and his Son Ashu Gupta and after completion of investigation challan was presented in the court of Special Judge Anticorruption by the Crime Branch.
The court after hearing CPO Mr. Buphinder Singh with Senior POs DP Singh and Anil Gandotra appearing for the appeared for the Crime Branch whereas Advocates RK Modi and SC Bali appeared for the accused persons and gone through the case of Crime Branch and the statements of the witnesses observed that the evidence adduced by the prosecution oral as well as documentary is sufficient enough to bring home the guilt against Janak Raj then Senior Supply Officer JKPCC. He has committed a criminal misconduct by dishonestly misappropriating the cement entrusted to him. Apart from that accused is proved to have committed breach of trust by not discharging the trust in the manner, he was required to do. That as such makes him liable for commission of offences u/ss 5(2) r/w section 5(1) (c)of PC Act 2006 and section 409 RPC and he is accordingly acquitted on both the counts keeping in view the 11 years spend by the accused facing the trial and his age and other attaining factors, Court is of the view that lenient view against the accused would even serve the ends of justice. The accused is accordingly convicted and sentenced u/s 5(2) r/w 5(1) (c) of J&K PC Act to imprisonment for period of two years and also fine of Rs 5000 and u/s 409 RPC accused convicted and sentenced to imprisonment for a period of two years and fine Rs 5000. Court said that sentenced would run con-currently. Court acquitted accused Ashu Gupta s/o Janak Raj Gupta from the charges leveled against him. JNF
JNF/FEBRUARY/23/2011/1
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