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2000 Supreme(J&K) 294

O.P.SHARMA
Hamidullah Bhat (Trali) – Appellant
Versus
State Of J. &K. – Respondent


Advocates Appeared:
Advocate For Appellant: Z.A. Qureshi
Advocate For Respondent: Muzaffar Hussain Attar

1. The special Judge Anti-Corruption Kashmir framed charges under Section 5(1)(e)/5(2) of the Prevention of Corruption Act and u/ s 12/14 of the Public men and Public Servants Declaration of Assets and Other Provisions Act, 1983 against the petitioner vide order dated: 15.11.1999. The petitioner seeks quashing of the charge as well as proceedings on the following grounds:-

(i) That the Commissioner having not been appointed in accordance with Section 10 of the Prevention of Corruption Act, the Vigilance Organisation was not in existence on 03.12.1996 the date he constituted different teams for conducting raids and 04.12.1996 when FIR No.37/96 Vigilance Organisation Kashmir was registered. Similarly registration of FIR No.37/96 on 04.12.1996 is also bad and consequently investigation illegal because the office of Commissioner of Vigilance was lying vacant;

(ii) That the documents produced by the accused have not been considered by the trial court at the time of framing of the charge;

(iii) That the allegations against the petitioner for possession of assets disproportionate to his known source of income had earlier been investigated in the year 1981,1985,1991 and 1995, but were found b





































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