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2007 Supreme(J&K) 111

BASHIR AHMAD KIRMANI
Sr. Superintendent Of Police Vigilance Organization – Appellant
Versus
Gh. Rasool Magray – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Rathore
Advocate For Respondent: Z.A. Shah

1. The petitioner-vigilance organization is aggrieved of an order passed by Special Judge Anti-Corruption, as the "Special Court" under section 8(C) of the amended "Prevention of Corruption Act" whereunder while dis-agreeing with confirmation order of "Designated Authority" regarding attachment of respondents house he quashed the same, releasing the attached house. The matter arises with following circumstantial back-drop.

2. Ghulam Rasool Magray, the respondent was booked by VOK under FIR 40/2003 u/s 409, 467 and 120-B RPC for having defrauded government while working in Food and Supplies Department at Wardwan Tehsil Kishtwar, by wrongly enhancing the number of people entitled to rations by around twenty two thousand and thereby wrongly procuring thousands of quintals of excessive grains from 1997 to 2002 causing a loss of around 9 corer rupees to State exchequer to his benefit along with others involved. Investigation in the matter was complete, when amendment of 2006 came in the "Prevention of Corruption Act" to incorporate a provision for seizure/attachment of property believed by concerned I.O, not below the rank of SSP, to have been acquired by misconduct by an accused officia




































































































































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