Petitioner, a senior IAS Officer of 1970 batch presently holding the post of Financial Commissioner (Finance) in the pay grade of Chief Secretary in the State of Jammu and Kashmir, has filed this petition under Section 497-A of the Criminal Procedure Code, 1989 (1933 A.D.) for grant of bail in anticipation of his arrest in a case registered under FIR No. 69 of 1999 with the Vigilance Organisation, Jammu, for the offences under Section 5(2) of the J&K Prevention of Corruption Act, 2006 (1949 A.D.) read with Section 161 and Section 120-B of the Ranbir Penal Code, 1989 (1932 A.D.)

2. Earlier to filing of this petition, petitioner had filed an application for grant of bail in anticipation of his arrest before the court of Special Judge Anti Corruption, Jammu, who, vide detailed order dated 11.9.2004, dismissed the application and opined that this is an appropriate case where the petitioner should submit to custodial interrogation.

3. Facts, relevant for disposal of the present petition, briefly stated are that vide Government Order No. 953-Edu of 1997 dated 30.6.1997, State Level Purchase Committee was constituted comprising the following:-

1. ACS/Commr/Secy. Education Department, as Chairman.

2. Director School Education Kashmir/Jammu, as Members.

3. FA/CAO Education Department, Member Secretary, and

4. Director Industries & Commerce, or his representative, as Member.

4. Vide addendum dated 8.10.1997 to aforesaid government order, another Member i.e. Additional Secretary Education Department, was included in the State Level Purchase Committee. The State Level Purchase Committee (hereinafter referred to as the Committee) issued NIT No. Edu-Acctt/Pur/97-98-70 dated 16.7.199, inviting tenders from original manufacturers for supply of jute matting for Schools in the State for the year 1997-98. As per terms and conditions of the Tender Notice the supply was to be strictly as per approved sample and in case of any deviation the tenderer was liable to be held responsible. Clause (f) of the tender notice also permitted Authorised Stockists to submit tender but alongwith the tender they were to submit original authority letter from the original manufacturer of jute matting. In response to tender notice, nine tenders were received. On 28.7.1997 tenders received were opened and one of the tender was from M/S Commercial Corporation of Lala Rukh Building, Srinagar, the owner of which was one Abdul Rehman Bhat. However, no decision was taken to place order on any of the tenderer. Meanwhile, petitioner came to be appointed as Commissioner/Secretary to Government Education Department and by virtue of his office he became ex-officio Chairman of the State Level Purchase Committee. The Committee decided to purchase jute matting of Birla Make only, which resulted in excluding six tenderers from the zone of consideration. Out of the three short-listed tenderers, M/s Commercial Corporation of Lala Rukh Building, Srinagar, was approved as being lowest as it had quoted the rate of Rs. 57.75 per meter. Negotiations were held with the said Concern for reducing the price and on negotiations the owner of the Concern, namely Abdul Rehman Bhat, reduced the price to Rs. 55.50. Shri A.K.Mehta, who was Director School Education Jammu at that time, objected to the decision to purchase jute matting only of Birla Make and from M/S Commercial Corporation, but objection raised was ignored. On 23.10.1997 and 20.10.1998 respectively, two supply orders were placed by the Committee with M/S Commercial Corporation of Lala Rukh Building Srinagar. The said Concern supplied 4.10 lac meters of Birla Make jute matting against an amount of Rs. 2.20 Crores.

5. It appears that some complaint was received in regard to purchase of Birla Make jute matting from M/s Commercial Corporation and in this regard a preliminary inquiry was conducted which revealed that the Committee during the year 1997-98 placed two orders for supply 3 lac meters and 2.55 lac meters jute matting of Birla Make with

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