Excelsior Correspondent
JAMMU, Jan 3: Additional Sessions Judge Anticorruption Jammu C L Bavoria has acquitted Jagdev Kumar, son of Sarda Ram of Tarore, the then cashier J&K Minerals Ltd, who was booked for misappropriation of Rs 8 lakh, as Vigilance Organization failed to prove its case.
After hearing Advocate KS Charak for the accused, the court observed, “the prosecution is bound to show that before sanctioning the prosecution the authority has really applied its mind to all the facts by which the offence sought to be proved against the accused”.
“This should normally appear from the order of the sanction. But if it does not so appear than the prosecution may prove by producing the facts on which the prosecution is to be launched”, the judge said, adding “this court have no hesitation to conclude that the sanction granted in the case is without application of mind of the competent authority”.
“No evidence of any kind has been produced to satisfy the court that the investigating officer had placed the record before the sanctioning authority and the sanctioning authority had perused the record and then assumed satisfaction for granting of sanction”, the court further said, adding “the sanction is held to have been issued by the MD merely on the basis of what has been stated to him through the alleged letter and on the copy of final report produced before him”.
“The sanction order being mechanical and without application of mind could not warrant conviction of the accused”, the court said, adding “the prosecution case fails on the legal technical ground as such the accused is acquitted”.
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