Charges framed against former Executive Engineer.

Srinagar July 06: The court of Special Judge Anti-Corruption Kashmir has framed charges against S/Sh. Nazir Ahmad Shah, then Executive Engineer, Noor Mohd. then Storekeeper R&B Division Sopore, Altaf Hussain Wani of M/S Umer & Diamond Hardware Store Srinagar, Mohd. Imran of M/S Diamond Hardware Store Srinagar, Umer Showkat Najar of M/S Umer Hardware Store Srinagar, Riyaz-ul-Hassan of M/S Hassan Enterprises, Zainakadal Srinagar and Shafiq Sajad to M/S Sajad Enterprises Dalgate, Srinagar all businessmen for misappropriation of Rs.6.34 lacs in purchase of stores at highly exorbitant rates.
Case FIR No.26/2005 P/S VOK was registered on 30.08.2005 following a verification relating into the allegations of abuse of official position and misappropriation of Govt. money by the Executive Engineer R&B Division Sopore and his storekeeper between the period 2001-2003 by resorting to purchase of stores such as plastic water storage tanks, paints, primer, warnish, distemper, rapidite and reflective road studs from favourite dealers on highly exorbitant rates.
In the course of investigation it was revealed that the accused officials in furtherance of a criminal conspiracy with the suppliers siphoned off Govt. money in purchase of various stores on highly exorbitant rates through stage managed collusive and controlled quotations. The Executive Engineer R&B Division Sopore placed supply orders for 25 units of Sintex water storage tanks of 500 liters capacity @ Rs.7.50 per liter and received 78 units much excess to the supply order. The prevailing market rate of water storage tanks was Rs.4.05 per liter. Similarly white paint was purchased @ Rs.210/- per liter as against Rs.150/- per liter in the prevailing market. Cat eye studs were purchased from M/S Hassan Enterprises Zainakadal through a stage managed competitive process @ Rs.590/- per piece as against Rs.100/- per piece prevailing in Delhi market. Similarly, other stores were also purchased from local market on highly exorbitant rates. This purchase was found to have resulted in a wrongful loss of Rs.6.34 lacs to the state exchequer.
After accord of sanction for prosecution by the Govt. the Challan was produced in the court of law on 29.07.2008.
The Hon’ble Court after hearing the arguments from the prosecution observed the moot question for consideration of the court at this stage is whether prima facie case for framing the charge is made out against the accused. To consider this aspect material collected by the prosecution in the shape of charge sheet presented before the court is to be considered in the back drop of legal position. Therefore at the stage of framing of charge the court has to consider the material with the view to find out if there is ground for presuming that accused has committed the offence or that there is not sufficient material for proceeding against him and not for the purpose of arising at the conclusion that it is not likely to meet conviction.
After hearing the parties and after going through the record prima facie offence punishable under section 5(2) P.C Act read with 120-B RPC is made out against the accused. The accused were accordingly charged. They pleaded not guilty to the charge. Prosecution is thus directed to adduce evidence in support of the charge.