STATE Vs. R C PURI

JUDGEMENT

(1.) This revision is directed against the order 19-2-1997, propounded by learned Special Judge, Anti-Corruption Jammu, whereby accused have been discharged of offences under Section 5(2) of the J & K Prevention of Corruption Act, read with Section 120-B RPC.

(2.) Allegations against the accused, enumerated from record and depicted in narration, are the in the month of Feb. 1991; 40 kanals of land for establishment of an enclosure at Mangla Mata was taken under Jawahar Rozgar Yojna and 23,500 plants were shown in record to have been planted by the accused. Record further revealed that out of 23.500 plants the accused had purchased 10.000 plants from Social Forestry, Sunderbani, at a price of Rs.0.10 per plant against receipt and remaining 13,500 plants were obtained free of cost from block Nursery, Nowshera. As many as 1250 labourers were shown to have been engaged for planation of these plants at a wage of Rs. 18/- per day. The labourers were also shown to have been distributed rice at the rate of Rs.2.19 per Kg. And, in this manner, the total amount spent was shown to be Rs. 22.500/- besides cost of plants at Rs.1000/-, purchased against proper receipt from Social Forestry, Sunderbani. However, the spot verification by Range Officer Lamberi Forest Range on 24-2-1994 and the report submitted revealed that only 11,500 plants were found to have been planted which include 1500 pits without plants. Therefore/accusations against the accused are that an amount of Rs.23,500/- was shown to be. due on account of cost of plants purchased from Government Social Forestry, the rice distributed amongst the labourers and wages paid to them, against which Rs.23,200/- were passed and drawn from the Treasury by the accused. According to the prosecution, the planting cost of the plants has been assessed at Rs. 11,500/- including Rs, 1000/- as cost of 10,000 plants purchased from social Forestry and, in this manner, the accused were stated to have misappropriated and embezzled an amount of Rs. 11,720/-

(3.) After collecting material and on conclusion of investigation, the Vigilance Organization presented the challan against the accused to stand trial under Section 5 (2) P. C. Act in the Court of learned special Judge, Anti Corruption, Jammu The trial Court, after hearing the parties and considering the material assembled during investigation and placed before the Court, found the charge groundless and, accordingly, discharged the accused vide his order dated 19-2-1997, which came to be challenged by the State through this revision petition.