STATE TIMES NEWS JAMMU: Special Judge Anticorruption Kashmir R.N Wattal accepted the closure report filed by Anticorruption Bureau (ACB) in case FIR No.47/2000 under Section 5(2) P.C. Act-2006 read with 120-B RPC against G.A Dar, then Director Horticulture and Mufti Mohammad Muzaffar, then Chief Canning Instructor Horticulture Kashmir. It reveals from the final report that the instant case was registered on receipt of a complaint purportedly lodged by some employees of Horticulture Department alleging therein purchase of sub-standard canning equipment by accused persons against illegal gratification to the tune of Rs. 50 lakh. An enquiry conducted into the allegations revealed that these two officers had purchased apple basket press and foot operated crown corking machines in the year 1996-97 conferring thereby pecuniary advantage to the supplier and themselves by abusing their official position as public servants. Accordingly a case FIR No. 47/2000 under Section 5(2) P.C. Act Svt. 2006 read with Section 120-B RPC was registered in Police Station VOK and investigation started. Court observed that during investigation all relevant records were obtained by the Investigating Officer (IO) from the Department concerned which revealed that Dasti quotations were called vide No.500-05/TS/Acctts dated August 6, 1996 for purchase of 4 apple basket presses, 4 foot operated crown corking machines and oil stove. “In response, three unit holders had offered their rates, among them Ahanger Mechanical Works Mujahid Manzil Srinagar offered lowest rates. Accordingly proper supply order was placed and after receiving supply, same was entered in the stocks. Thereafter the CCI Kashmir vide letter No.991-93/TS/Acctts dated March 4, 1997 forwarded the bills of these purchases to aforementioned District Horticulture Officers concerned. Then the payment was released in favour of the supplier properly after the funds were released by Director of Horticulture vide order No.176/Plan-1996 dated January 1, 1996. Statements of witnesses acquainted with the facts of the case were recorded by the Investigating Officer besides, on spot inspection of machinery revealed that it was of standard quality. These machines were used to impart training to local farmers besides, the department is earning revenue by extracting juice from vegetables and fruits through these machines. In view of the facts and evidence recorded, the investigation of the case has been closed as “Not Proved” and Commissioner of Vigilance J&K vide his office letter No.CV-FIR- 47/2000-K-1628 dated February 15, 2006 has accorded the approval to close the case as not proved”, the court observed adding that the statement of Nazir Ahmad, Dy. S.P, ACB Kashmir, who happens to be the Investigating Officer in the case was also recorded and in his statement he stated that the illegal gratification as alleged in the complaint was not proved against the accused persons and accordingly the final report was presented in the court. “Court is of considered view that there is nothing on record which may lead to different view in the case thereby leading to the acceptance of the final report”, the court observed. With these observations, the court disposed of the file and directed for placing it on records after due completion.
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