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2023 Supreme(J&K) 573

PUNEET GUPTA
Mohammad Assadullah Lone, S/o Khazir Mohammad Lone – Appellant
Versus
State of Jammu and Kashmir Through Vigilance Organization Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.A.Qayoom, Adv.
For the Respondent: Mr. Mohsin S. Qadri, Sr. AAG.

JUDGMENT :

1. The appellant has filed the present appeal against the judgment dated 23.06.2004 passed by the learned Special Judge (Anti-Corruption), Kashmir. The appellant-accused faced trial for commission of offence under Section 5 (2) P.C.Act read with Section 161 RPC arising out of FIR No. 29/1998 registered with the Vigilance Organization, Kashmir and held guilty and sentenced to undergo imprisonment for a period of two years for offence under Section 5 (2) P.C.Act Act as well as for offence under Section 161 RPC. Both the sentences are to run concurrently. The appellant was also held liable to pay fine of Rs.2500/- each for aforesaid offences and in case of default of payment of fine the appellant was to undergo simple imprisonment for three months. The appellant shall be referred to as accused in the appeal in hand for discussion purposes.

2. The respondent has appeared in the appeal and contested the same.

3. The brief facts leading to the challan are that Vigilance Organization Kashmir received information through letter from Dy. Director prosecution that it was learnt through reliable source that some officers/officials of Traffic Police Department are indulging themselves

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