Early Times Report
JAMMU, Dec 30: Justice Sanjay Parihar of Jammu & Kashmir and Ladakh High Court had dismissed a petition filed by former Assistant Regional Transport Officer (ARTO) Shopian Abdul Majid Bhat, refusing to quash FIR No. 25/2018 dated 14-07-2018 registered for alleged disproportionate assets under Section 5(1)(e) read with Section 5(2) of the J&K Prevention of Corruption Act (Svt. 2006). The Court recorded that the case was initiated on the basis of a credible source report, followed by secret verification, culminating in registration of the FIR, and held that an FIR can validly be registered on reliable information such as a source report.
As per the ACB case, searches conducted on 15-07-2018 and 16-07-2018 at multiple locations led to the recovery of Rs 34.13 lakh cash, demonetised currency, gold ornaments (about 548-553 grams), 13 gold coins, and other incriminating material, while verification alleged disproportionate assets worth Rs 1.39 crore (267.88% excess) during the check period, primarily 2008-2018.
Rejecting the plea, the High Court held that quashment proceedings cannot turn into a mini-trial, noting that the investigation stands concluded and offences were found made out; it further observed that Rule 23 of the J&K State Vigilance Commission Rules, 2013 was inapplicable in the facts. The Court directed the respondents to proceed and file the chargesheet before the competent court.
The petitioner was represented by Advocate Sharaf Wani with Advocate Ahmad Basaud, while the respondents were represented by Senior AAG Mohsin Qadri with Assisting Counsel Maha Majeed. —(JNF) |
