MOHD RAMZAN BHAT Vs. STATE

JUDGEMENT

(1.) THE petitioner claiming to be a 1st Class Gazetted officer of Government and involved in FIR No.117 of Police station Kupwara registered under Sections 409, 109, 420 RPC read with Section 5(2) of Prevention of Corruption Act, apprehends his arrest in the case and seeks anticipatory bail on the ground that not being involved in any of the aforesaid offences and having already been subjected to custodial interrogation he deserves bail in anticipation of his re -arrest, particularly because if arrested, his career and reputation would suffer. During course of arguments his counsel besides reiterating the aforesaid ground has also contended that Kupwara police had no competence and jurisdiction to register the case and conduct investigations, because after addition of Section 5(2) of the Prevention of Corruption Act in the catalogue of offences the matter squarely landed within the province of Vigilance Organisation which alone could conduct investigations and as such registration of case and conduct of investigation by Kupwara police was illegal, etc.

(2.) I have heard Ld. Counsel gone through records and considered the matter. The story appears to have started with institution of a report before Deputy Commissioner Kupwara that during year 2004 -2005 the present petitioner while posted as District Panchayat Officer Kupwara, concerned with some other official and non -official persons conducted fraud in purchase of commodes required to be installed in latrines constructed officially and thereby misappropriated funds to the tune of thirty two lac rupees, which was endorsed by him to concerned S.P. who marked it to the Police station where upon the aforesaid case was registered. During course of investigation it transpired that under Central Rural programme latrines were proposed to be constructed in compounds of selected persons living below the poverty line, Schools and Aanganwari centers, for which cement commodes were to be purchased from local self help groups. Pursuant to said scheme an action plan was drafted by the office of Deputy Commissioner Kupwara and issued vide order No. 629/DDK, dated 1.2.2005. According to the guidelines the locally supplied commodes etc were to be certified by the Engineering wing of Rural Development department as technically and financially viable. The petitioner as District Panchayat Officer Kupwara released seven lac rupees in favour of two Self help groups namely Chinar Self help group and Kakrusu Self help group which were being run by certain locals including some ladies for supply of cement commodes none of whom had the services/means or infrastructure to manufacture cement commodes. Under order No. DPO (K) 1590 -96 dated 11.3.2005 petitioner deputed aforesaid Self help groups for training in manufacture of sanitary ware to District Panchayat Officer Pulwama, but despite that they were not able to manufacture/supply the cement commodes and the petitioner asked them to supply China ware Commodes in total violation of the guidelines prescribed under the scheme. Simultaneously, an amount of Rs. 61,87,500/ - and Rs. 7,00,000/ - was also released in favour of aforesaid Self help groups who with petitionerâ„¢s connivance purchased the China ware Commods from Khaja Hardware Kupwara at the price of Rs. 145 and Rs. 130/ - per piece and P -traps at Rs. 40/ - per piece and supplied the same to the department @ Rs. 280/ - and Rs. 40/ - per piece respectively, and thus defrauded the Government. This was done despite written information of concerned Block Development Officers that none of the aforesaid Self help groups was manufacturing the aforesaid items nor had they any infrastructure for the same. After all this came to light, the concerned police added offence under Section 5(2) of Prevention of Corruption Act to the case and came to the tentative conclusion that petitioner connived with the aforesaid groups to cheat the State exchequer to the tune of lacs with active assistance of one Mohd Munawar Lone Accountant, who was arrested and the petitioner apprehending has arrest too filed an application for Anticipatory bail before Special Judge Anti Corruption Srinagar on 1st July, the date when the aforesaid Mohd Munawar Lone was arrested, which was dismissed vide order dated 10th of August 2005, with an observation that in view of records the petitioner appeard to be involved in the alleged offences and his custodial interrogation was necessary for effective investigation. Whereafter he instituted the present petition on aforesaid grounds.

(3.) BEFORE considering contentions of petitionerâ„¢s counsel regarding other aspects of the matter, it would be appropriate to address his argument that regular Police was not competent to register the case and investigate the matter, because of the bar created under Section -3 of the Prevention of Corruption Act. On face of it the contention appears to be misplaced in view of the very provision itself which is reproduced herein below: