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| Court sets aside order of attachment of property of former Dy Director Economics & Statistics | | | Early Times Report
JAMMU, Aug 12: Special Judge anti-corruption Kashmir CL Bavoria set-aside the order passed by Commissioner/Secretary to General Administration Department (Designated Authority under sub section 1(a) of Section 2 of prevention Act Samvat, 2006) whereby attachment of the property of the then Deputy Director, J&K Economics & Statistics in terms of Order No. SSP/ACB/FIR-18/2019- 3707 dated 19-10-2020 passed by respondent 1 has been confirmed and upheld.
Bavoria while setting-aside the order observed that the order impugned when tested in the light of the legal position and within parameter of the judicial pronouncement as cited supra I do not hesitate to state that the designated authority has not functioned with independence and impartiality. The impugned order appears an outcome of unfair procedure. The designated authority seems to have considered the case of the investigating officer and placed an exclusive reliance on the material produced by him which action of the designated authority cannot be said beyond the act of it an arbitrary and discriminatory taken in utter violation of the principle of natural justice being passed without making a full and fair enquiry into the matter in controversy before him and adequate opportunity of being heard to the appellant to rebut the evidence to meet the case against him and which action of the designated authority vitiate the whole enquiry conducted by him.
FIR 18/2019 U/S 5(1)(e) r/w 5(2) of J&K P C Act Samvat, 2006 was registered in police station ACB, Kashmir against Noor Mohammad Wani the then Deputy Director, J&K Economics & Statistics with the allegations that during preliminary enquiry it was surfaced that he has accumulated assets disproportionate to his known source of income by indulging in corrupt and illegal practices.
During investigation, search warrant was obtained from the court and the searches of the residential house of the accused/appellant at Kanipora, old house and two school buildings at Haknipora Budgam was conducted by the ACB. During search various incriminating documents were affected and seized. During investigation the IO came to the conclusion that the accused/appellant has acquired properties disproportionate to his known source of income and the IO having reason to believe that the property under investigation has been acquired by the accused by resorting to acts of commission and omission which constitute an offence of criminal misconduct u/s 5(1)(e) r/w 5(2) of the Act and that there is every likelihood that accused may alienate the alleged therein or otherwise deal with these properties to defeat the prosecution of the case, the IO respondent - SSP invoked the provision of section 8(B) of the Act passed the attachment order vide no. SSP-ACB-FIR-18/2019-3707 dated 19-11-2020, therein prohibiting the appellant not to sell or transfer the property viz two storied buildings which stand constructed on land measuring 1 Kanal and 13 Marlas under survey No. 1385 at Haknipora, Budgam.
The designated authority issued summon to the appellant, asking him to submit objection/representation viz-a-viz the order passed by the respondent -SSP. The appellant was asked to appear in person before the Designated Authority on 26-11-2020 and pursuant to the said notice, the appellant appeared before the designated authority and filed his detailed written objection/reply seeking setting aside/vacation of the prohibitory order issued by respondent -SSP. Designated Authority did not find the plea of the accused appellant plausible and agree with the prohibitory order dated 19-10-2020 issued by the IO reasonable and does not suffer from any vice or infirmity passed in exercise of power conferred by section 8-B of the Act, the Designated Authority confirm the prohibitory order of the IO SSP on dated 18-1-2021. |
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