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2022 Supreme(J&K) 220

SANJAY DHAR
JK Stationers – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Z.A. Shah, Sr. Advocate with Ms. Humaira Shafi, Advocate
For the Respondent: Ms. Asifa Padroo, AAG

JUDGMENT :

1. The petitioner has challenged order dated 01.09.2015 passed by learned Special Judge, Anticorruption, Srinagar, whereby the petitioner has been arraigned as an accused in a charge sheet filed by respondent No.1 against respondents No.2 to 4 alleging commission of offences under Section 5(1)(d) read with Section 5(2) of the J&K Prevention of Corruption Act (hereinafter referred to as the J&K PC Act) and Sections 120-B, 201 and 204 RPC.

2. As per the allegations made in the charge sheet, accused/respondents No.2 to 4, in furtherance of a conspiracy, placed supply orders for purchase of agricultural equipments and hybrid seeds on highly exorbitant rates. It was alleged that supply orders for 650 irrigation pump sets were placed with M/S Honda Siel, New Delhi and M/s A.V. Agri-Tech, New Delhi, in the month of February, 2006, on the rate contract that had already expired and the above named accused resorted to manipulation of records thereby predating the supply orders. After investigation of the case, on the basis of oral and documentary evidence prima facie it was established that respondents No.2 to 4, the public servants, have committed offences punishable under Section

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