STATE TIMES NEWS
JAMMU: Additional Sessions Judge Anti-Corruption (ACB) Doda Amarjeet Singh Langeh took serious note of slow pace of investigation by Anti-Corruption Bureau and directed serious indulgence of supervisory officers in hierarchy of investigating agency so that investigation can proceed expeditiously to logical conclusion. This significant order has been passed in a pre-arrest bail application filed by Executive Engineer Abdul Wahid Zargar.
When the bail application came-up for hearing, Additional Sessions Judge ACB Doda Amarjeet Singh Langeh observed that pursuant to order passed on April 13, 2023, the Investigating Officer caused appearance along with case diary. Court observed that it needs no brainer to note that an application for grant of anticipatory bail in a case pertaining to offences under Prevention of Corruption Act can neither be offered on mere asking nor the same can be denied in a cavalier manner without considering relevant factors including gravity of allegations and evidence collected during investigation. It is in this context that certain observations are needed to be made in the application in hand so that investigating agency not only takes note thereof but also indulges in follow-up action where after the matter can be disposed off on merit.
Court further observed that examination of relevant record prove that process of verification of allegations was initiated on a complaint filed by complainant with Vigilance Organization Jammu as it was then called on March 14, 2016 and inquiry seems to have been completed in 2022 and finally, instant FIR was registered on April 4, 2022. On verification of allegations alleged in the complaint, it surfaced that petitioner the then Executive Engineer (now retired) and one Javed Iqbal Sheikh, the then Head Draftsman in Hydraulic Division Kishtwar allegedly prepared forged bills on exorbitant rates and used the same as genuine and caused wrongful loss to State Exchequer and wrongful gain of Rs 4,95,889 to themselves and resultantly FIR No. 2/2022 for offences 5(1)(d) read with Sec 5(2) of J&K PC Act Svt 2006 and Sections 465,471,120-B of IPC was registered and investigation started. Investigation also unveiled that petitioner remained posted as Executive Engineer in Hydraulic Division Kishtwar during 2011 to 2015. As per investigation, during the tenure of petitioner, 48 works were executed, out of which only 21 works could be indentified ever since investigation started. About allegedly forgery of bills, investigation did not reveal anything and is still going on.
Court further observed that in a case where verification of allegations took six years and thereafter, investigation has taken up one year and still the chief allegations of forgery of bills, non-execution of work on ground and loss to State Exchequer as alleged, could not register any noteworthy progress- is something which cannot be appreciated. “Circumstances which warrant serious indulgence of supervisory officers in hierarchy of investigating agency so that investigation can proceed expeditiously to logical conclusion and directed investigating agency come with latest progress registered by next date of hearing in the case so that after considering all relevant aspects, this application can be disposed off on merits. It would be in the fitness of things if investigating agency also pointedly brings up as to in which way custodial interrogation of petitioner is deemed appropriate by it and why it is in-explicably reluctant to associate other co-accused with investigation as on date,” the Court observed.