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| Court frames corruption charges against then MS in trap case | | | Early Times Report
JAMMU, Dec 17: Additional Sessions Judge Kathua Kamlesh Pandit today framed corruption charges against Dr. Manoj Bhagat then Medical Superintendent Kathua who was caught red-handed by the ACB team.
According to the ACB case a written complaint was lodged in the Vigilance Organization, (now ACB) Jammu pleading therein that he is the owner of the Healthcare Medicos, D.H Kathua and the attorney holder of M/s Khajuria Medical Agency, Kathua dealing in whole sale and general supplies to the District Hospital Kathua and also authorized by the said firm to collect/contract and deal on behlaf of M/s Khajuria Medical Agency, Kathua.
The firm was supplying medical items to the District Hospital Kathua as per the agreement with the then Medical Superintendent after complying the codal formalities. It has been further reported that accused herein has joined as Medical Superintendent and started harassing the complainant either on one ground or other and ultimately he settled to pay him (accused) a bribe/commission to the tune of 25 percent for clearance of each bill of the firm. It has been further averred by the complainant that about Rs. 1.00 lac approximately was due to him, for which accused was demanding Rs. 20,000 for the release of the same in his favour and complainant was not willing to pay the bribe but under compulsion agreed to pay the same thus the complainant sought legal action against the accused person.
On the basis of written complainant, case under FIR No.34/2014 under sections 5(1)(d), section 5 (2) of J&K P.C Act 2006 read with section 161 RPC came to be registered and thereafter trap team was constituted for laying trap for arresting the accused person red handed. The trap was laid and accused was caught red handed with bribe money of Rs.20, 000. After conclusion of investigation the charge sheet was initially presented before this court as early as on 5-8-2017 but the same was returned to Vigilance Organization Jammu now ACB for want of sanction required under law, with liberty to file again with the requisite sanction order by the competent authority as accused being the public servant.
In consequence of the same the charge sheet again landed in this court on 04-11-2019 with the sanction order of the competent authority for his prosecution as provided under Prevention of Corruption Act vide order no. 49-GAD(Vig)of 2019 dated 27-09-2019. Additional Sessions Judge Kathua observed that while considering all facts discussed hereinabove and also statements of witnesses and documents of record, it is prima facie proved by prosecution at this stage that accused person was demanding illegal gratification from complainant for clearance of his bills and regarding which successful trap was laid against the accused person for proving demand and acceptance of bribe by the accused and bribe money was recovered from the accused during the trap. |
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