Excelsior Correspondent
JAMMU, Aug 11: Additional Sessions Judge Anticorruption Doda Amarjeet Singh Langeh has framed charges against Tariq Hussain Ganai, the then store-keeper for amassing huge wealth.
According to the Anti-corruption Bureau (ACB) case, on an open verification, it came to fore that accused by indulging in illegal and corrupt practices accumulated huge assets beyond his known source of income.
After preliminary verification, FIR No. 18/2007 for offences under Section 5 (1) (e) read with Section 5(2) of J&K Prevention of Corruption Act was registered and investigation started. On the conclusion of investigation, it was established that as a storekeeper of CAPD Department, accused accumulated disproportionate assets in the form of movable and immovable property.
As per investigation, immovable property acquired by accused comprised of two additional storey over the ancestral house at Mohalla Haveli Nagar Bhaderwah, a triple storey residential house with two shops adjacent to the residential house at Mohalla Haveli Nagar Bhaderwah and a residential house at Hyderpura Janipur Jammu.
The movable property acquired by accused, as per investigation which is disproportionate to his known and legal source of income, included a truck, mini bus and an Alto Car, huge bank balances and insurance policies and disproportionate percentage was found 25.91. According to investigation, accused raised assets disproportionate to his known source of income to the extent of Rs 36,60,572.
After hearing both the sides, Additional Sessions Judge observed, “from the chargesheet what is gatherable is that investigating agency has taken into account the annual income of accused from agricultural sources and monthly income of salary of his son. Income from rent of shops and dairy farm was not factored in”, adding “court, at this stage cannot be donned with the role of an accountant to see and evaluate as to what income of accused and his family has to be taken into consideration during the investigation”.
“The settled position of law is that at the stage of framing of charge, there can only be limited evaluation of material and documents produced by investigating agency and sifting of evidence must be limited to prima facie find out whether sufficient grounds exist or not for the purpose of proceeding further with the trial”, the court said, adding “it is not as though, the material available on record has no ex-facie basis or valid foundation to be proceeded against accused for the purpose of framing charges. This is all more relevant when law does not countenance holding of “mini trial” – at this stage”.
“There is prima facie case regarding involvement of accused in the commission of offences under Sections 5 (1) (e) read with Section 5 (2) of J&K Prevention of Corruption Act and therefore, there are grounds to proceed ahead in the matter with the trial of the case. Accused is accordingly Charge-sheeted for offences”, the court said.
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