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| Court takes CBI to task, accuses it of not doing duty faithfully | | Multi-Crore Wheat Scam | |
EARLY TIMES REPORT
JAMMU, Mar 14: Special Judge Anticorruption Jammu today took country’s premier investigating agency CBI to task and in its observations accused it of not doing its duty faithfully and conscientiously while probing the multi-crore wheat scam.
CBI had filed two closure reports in Rs. 4. 50 Crore wheat scam. Special Judge Anticorruption Jammu took serious note of the functioning of CBI in this case and took cognizance of offence u/s 5(2) r/w 5(1) (d) PC Act and 120-B RPC against then Major General ASC DS Nehra, Nirbhay Trehan Managing Partner Kash Ind Flour Mills Jammu and Raj Kumar Gupta then Managing Director New Jammu Flour Mills Sarore Jammu and ordered CBI that aforementioned persons be arraigned as accused to face prosecution.
While directing the CBI, court observed that there was collusion between Major General D.S.Nehra and the millers. Court is considered view is sufficient to believe that there was nexus between the millers and DS Nehra. There is enough evidence that millers resorted to pooling of quotations. This is manifest from the rates quoted by them with regard to wheat grinding, transportation of wheat from FCI to mill and transportation of Atta from mill to Depots of HQ 15 & 16 Corps.
Rate quoted by the Kash Ind Roller Flour Mills and New Jammu Flour Mills in June 2007, when compared to rate quoted by them in July 2007, lead to conclusion that both the firms had simultaneously and proportionately increase their rates of grinding and transportations of wheat from FCI to Mill and Atta from Mill to Depots. It cannot be a matter of coincidence that the mills quoted proportionate rates in their bids in spite of the fact that none of ingredients responsibility for such enhancement was in existence.
While taking cognizance, Court took serious note of the functioning of Country’s Prime Investigating Agency CBI and said that it would be fair to conclude that CBI has not discharged its duty fairly in so far as this case is concerned. Facts and evidence on record justify prosecution of Major General ASC DS Nehra, Nirbhay Trehan Managing Partner Kash Ind Flour Mills Jammu and Raj Kumar Gupta then Managing Director New Jammu Flour Mills Sarore Jammu.
Prayer of CBI is accordingly rejected and it is directed that case be registered and diarized. The IO Is directed to produce list of witnesses examined during investigation and all the relevant record seized during investigation for being made a part of the case. Court issued summons to accused delivered to the IO for service and ordered that a copy of this order is sent to DIG ACB/CBI Chandigarh. JNF
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