MOHD RASHID-UD-DIN Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court in terms of Section 561 -A of Cr.P.C., for quashing of the, charge framed against the petitioner by learned Anti -Corruption Judge vide order dated 03 -08 -2004 and, drawing cognizance in terms of Section 5(l)(d) of Prevention of Corruption Act by the learned Anti -Corruption Judge.

(2.) MR . Haqani argued that petitioner is not involved in any way in the case. He is non -technical. He cannot issue a certificate to the effect that whether the equipments i.e., Deweeding Dredger Beetle 100 were in order and whether they had the ability of the Harvesters to cut down the various weed species at desired depths. He was ordered to witness its trial by higher -ups and accordingly, he visited Chennai and witnessed the said test. The petitioner also ad dressed a letter to Vice Chairman J&K Lakes and Waterways Development Authority vide commu - nication dated 22nd January, 2001. It is profitable to reproduce the said communication herein; -

(3.) LEARNED counsel for the petitioner further argued that 90% payment was already made. The petitioner is not directly or indirectly involved in the commission of offence.