SARWAN SINGH Vs. STATE

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has challenged F.I.R No. 02/2019 for offence under Section 5(1) (e) read with Section 5(2) of J&K Prevention of Corruption Act, registered with Police Station, Anti Corruption Bureau, Jammu.

(2.) The facts giving rise to the filing of the instant petition are that a secret verification on the basis of a complaint was undertaken by Police Station, Anti Corruption Bureau, Jammu against the petitioner herein, who was posted as Technical Officer to Chief Engineer, PHE, Jammu at the relevant time. During the secret verification, it was revealed that the petitioner had acquired huge assets, both movable and immovable, that were disproportionate to his known sources of income by resorting to corrupt and illegal practices and by abuse and misuse of his official position. The details of these properties are given as under:-

(3.) It was revealed that the petitioner had accumulated the aforesaid properties/assets either in his own name or in the name of his family members by abusing and misusing his official position as a public servant. Thus, a case of criminal misconduct as referred to in Section 5(1) (e) of J&K Prevention of Corruption Act punishable under Section 5(2) of the said Act was prima-facie established and formal F.I.R bearing No. 02/2019 was registered against the petitioner, who has challenged the aforesaid F.I.R on the following grounds:-