Early Times Report
JAMMU, Apr 6: Justice Sanjay Dhar of Jammu & Kashmir and Ladakh High Court Srinagar wing today refused to quash the challan presented by the Vigilance Organization now ACB in much publicized misappropriation of Rs 35 lacs for construction of Gabion Check.
While dismissing the petition, Justice Dhar observed that it is clear that it is not necessary that every participant in a criminal conspiracy should have the knowledge of the part that is being played by other co-conspirators or that his participation should be from the very inception of the conspiracy to its actual execution i.e. commission of actual offence.
So, the contention of the learned counsel for the petitioners that the petitioners were disassociated from the entire process long before the actual works were executed and payments were made to the beneficiaries and, as such, they cannot be booked for the offence of criminal conspiracy, is without any merit.
The petitioners have challenged the charge sheet arising out of FIR No.25/2010 for offences under Section 5 (1) (c), 5 (1) (d) read with Section 5 (2) of J&K Prevention of Corruption Act and Section 120-B, 467, 468, 471, 409, 420 and 109 RPC registered with Police Station, Vigilance Organization, Kashmir.
A joint surprise check was conducted by the officers/officials of Vigilance Organization, Kashmir, into the allegations of abuse of official position by the officers/officials of Water Shed Management (LAWDA), Srinagar, regarding construction of Gabion Check Dams at Khimber Takya Sangh Reshi, Srinagar. It was revealed during the Joint Surprise Check that accused Mehraj-ud-din Shah, the then DFO, M. A. Chisti, the then DFO, Wiqar Ahmad, JE, and others, under a well-knit conspiracy and in connivance with contractors, have abused their official position and misappropriated lacs of rupees in construction of Gabion Check Dam which was erected in the shape of stone beds covered with crate wire for treatment of Sangh Reshi Nallah at Khimber Takya Srinagar.
It was found that ten works were executed by different contractors at the cost of Rs.109.97 lacs during the financial years 2006-07, 2007-08 and 2008-09. The joint surprise check revealed that an amount of Rs.35.04 lacs was shown to have been spent on carriage of stones from Athwajan quarry and Wussan Nallah to the site of construction, namely, Nallah Sangreshi, while as no stone was found to have been transported from these places to the site. It was revealed that the stones which were available at the site were utilized in construction of dams.
Thus, the accused public servants including the petitioners herein had resorted to manipulation of records and misappropriated a sum of Rs.35.04 lacs. After investigation of the case, the aforesaid allegations were found established against as many as 17 persons which include 11 contractors and six public servants. The offences were also found established against the petitioners as well. |
