The challenge to the sanction on grounds such as lack of competence to grant sanction, non-application of mind, etc., can be raised only during the trial.

JUDGMENT :

1. This writ petition has been filed by the petitioner for quashing the FIR No.42/2007 of Police Station, Vigilance Organization, Kashmir and the Government Order No.22-GAD(Vig.) of 2014 dated 08.08.2014, whereby the sanction to prosecute the petitioner and other official have been granted by respondents No.2 and 3, on the grounds that :

(I) The petitioner has, admittedly, remained posted as Block Officer, Town Handwara from June, 2005 to October, 2009 and during his posting as such, he never hatched any conspiracy. The petitioner received the charge of Handwara Town Block on 14.06.2005 from Ghulam Mohi-ud-Din Bhat, Forester and the record relating to private timber sales depot holders did not figure in the said charge. During the course of investigation conducted by the Vigilance Organization, Kashmir authorities and Forest Protection Force on 26.05.2007, stocks of deodar round plus sawn to the tune of 3305 cfts as verified tentatively on spot were found neither illicit nor illegal. The stocks were found genuine and correctly reflected in the records but the respondents have processed the case for grant of sanction without perusing the reply submitted by the petitioner to the questionnaire served upon him by the Investigating Officer.

(II) That vide communication dated 23.12.2013, respondent No.5 asked respondent No.2 to grant sanction under Section 5(2) of the Prevention of Corruption Act, Svt. 2006 (hereinafter referred to as “the PC Act”) and Section 161 of RPC against the petitioner and others but the respondent No.2 without examining the communication (supra) has granted sanction on 08.08.2014 for prosecution of the petitioner and others for commission of offences under Section 5(1) (d) r/w Section 5(2) of the PC Act, Sections 467, 471, 201, 120-B of RPC and Section 6(e) of the Jammu & Kashmir Forest Act, which clearly reflects the non-application of mind.

(III) That the respondent Nos.2 and 3 were not legally competent to grant sanction under Section 6 of the PC Act for prosecution of the petitioner and others under Sections 467, 471, 201, 120-B RPC and 6(e) of the J&K Forest Act. The sanction for prosecuting a person under Section 467, 471, 201, 120-B RPC was required to be granted in terms of Section 197 of the Code of Criminal Procedure.

(IV) That the petitioner had not issued any Form 25 for transportation of sawn timber and authenticated dockets (bills) in favour of M/S Three Star Enterprises illegally or improperly. The deodar timber to the tune of 985 cfts for which it is alleged that the petitioner has issued Form 25 has been found to be genuine and not illegal.

2. The response stands filed by the respondents wherein it is stated that that case FIR No.42/2007 under section 5(1)(d), 5(2) of PC Act r/w 120-B, 467, 471 of RPC was registered in Police Station VOK on 17-07-2007 on the allegations that a criminal conspiracy was hatched by Sh. Ghulam Mohiuddin Bhat (Forester) & Proprietor& Manager of a Private Timber Sale Depot/Joinery Mill namely M/S Three Star Enterprises Handwara & the conspiracy was later joined by Sh. Syed Rafique (Range Officer) Rajwar, Sh. Farooq Ahmad Lone (Forester) & Proprietor of Bandsaw Mill Sh. Gh. Rasool Wani. In furtherance of the criminal conspiracy, the accused beneficiary in league with the accused Forest Officials &Proprietor of Bandsaw Mill Sh. Ghulam Rasool Wani dishonestly & clandestinely felled the Green Standing Deodar/Kail trees in different compartments of Forest Range Rajwar and after crushing the logs into sleepers/Joists at the said Bandsaw Mill and after converting into finished joinery items have disposed of a portion of this illicit timber. While as, the accused Forester Sh. Gh. Mohiuddin & Proprietor of M/S Three Star Enterprises Handwara through its Manager Sh. Gh. Hassan Bhat in pursuance to the criminal conspiracy have dishonestly manipulated the records like Receipt/Dispatch Registers of the said Timber Sale Depot/Joinery Mill in order to accommodate the illici