JUDGMENT :

1. The petitioner has challenged the charge-sheet emanating from FIR No.19/2008 for offences under Section 5(1)(d) read with 5(2) of the J&K Prevention of Corruption Act and Section 120-B RPC registered with Police Station, Vigilance Organization, Kashmir, which is pending before the Court of Special Judge, Anticorruption (1st Additional Sessions Judge), Baramulla.

2. Before coming to the grounds of challenge, it would be apt to refer to the allegations made in the charge sheet.

3. The case of the prosecution, in brief, is that the petitioner, who happened to be the Managing Director of State Forest Corporation, in and around April-May, 2007, under a well-knit conspiracy in league with other officials/contractors, manipulated the records fraudulently, deceitfully and illegally and got approval for allotment of extraction and transportation of 2.79 lac cubic feet standing timber to proxy contractors of one blacklisted contractor, namely, Mohammad Yousuf Wani. It is alleged that the allotment was made to seven relatives of the aforesaid blacklisted contractor including his three sons through a pick and choose method despite availability of a number of other registered poor/petty contractors falling under Amani category. It is further alleged that the petitioner by abusing his official position dishonestly entertained applications of as many as three contractors who did not even possess the registration certificates which is a pre-requisite for allotment of such works. It is also alleged that the conspiracy started when in the 59th meeting of Board of Directors of State Forest Corporation held on 6th April, 2007, domicile restriction for choosing ‘Amani’ from around the forest area where the timber was to be extracted, was waived off and the quota was increased from 20,000 cubic feet to 40,000 cubic feet. The charge sheet goes on to allege that these amendments were made at the instance of the petitioner who was Managing Director of the Corporation at the relevant time so as to favour blacklisted contractor, Shri Mohammad Yousuf Wani, by making allotment of extraction and transportation of timber to his proxies.

4. During the investigation, the investigating agency found that three persons, namely, Abdul Satar Lone, Mohammad Sharief Kalas and Mushtaq Ahmad Dar, had made applications before the then Forest Minister for allotment of works of extraction of timber from forest compartment No.7(b) Baramulla. These applications were endorsed to the petitioners for accommodating the said applicants under the Board norms. On the same date i.e., on 27.04.2007, the petitioner prepared a proposal for making the allotment of works from the aforesaid forest compartment in favour of aforementioned three applicants and four other persons, namely, Bilal Ahmad Wani (co-accused), Naseer Ahmad Wani, Suhail Ahmad Wani, who happen to be the sons of blacklisted contractor Mohammad Yousuf Wani and one of his close relatives, namely, Mohammad Syed Wani. Thus, the petitioner is alleged to have recommended allotment of works to all the above named seven applicants despite having knowledge that the applicants were not domiciles and could not be allotted the contract under Board norms. This, according to the investigating agency, was done by the petitioner with a criminal intent to confer undue benefit upon himself and these beneficiaries. It is alleged that the applications of aforenamed four persons were received directly by the petitioner and not even a report was sought by him from his subordinates regarding eligibility of these applicants and availability of timber from compartment No.7(b) Baramulla.

5. It is the case of the prosecution that the decision to waive off domicile restriction for choosing Amanies and to increase the quota of Amanies from 20,000 cft to 40,000 cft was made on the basis of a proposal made by the petitioner at the instance of co-accused Bilal Ahmad Wani and that the said decision of the Board could have been implement