MANZOOR AHMAD DAR Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner-an Executive Engineer in Public Works Department of the State Government, is alleged to have in the year-2005 and 2006, entered into criminal conspiracy with other accused and in execution of conspiracy, so hatched to have accepted the supplies of 432 meters of M.S. Pipes at exorbitant rates with an intention to confer undue benefit upon himself and conspirators and exposed the State Treasury to monetary loss. The petitioner - accused, by acting in the aforesaid manner, is alleged to have committed offence punishable under section 5(2)(d) of Prevention of Corruption Act read with 120-B of Ranbir Penal Code.

(2.) The charge sheet, though presented on 5th June 2008, is yet to be taken to the take off stage. The Trial court till date has not been in a position to pass orders under section 251-A Code of Criminal Procedure, so that, in the event the petitioner-accused and his co-accused are formally charged of the offences alleged in the charge sheet, the trial commences and is taken to its logical end. Be that as it may, let us focus on the present controversy.

(3.) The petitioner-accused on 18th September