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2022 Supreme(J&K) 39

SANJAY DHAR
Aijaz Ahmad Bhat – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner:Mr. M. Y. Bhat, Sr. Advocate with Mr. Fuqan Yakub, Advocate.
For the Respondent: Ms. Asifa Padroo, AAG.

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

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