Jammu, April 04: Justice Sanjay Parihar while hearing CRMC No. 67/2013 and CRMC No. 15/2013, arising out of FIR No. 31/2006 registered at Police Station Peer Mitha, Jammu has dismissed two connected petitions challenging the framing of charges in an alleged fake kerosene allotment racket, holding that the material on record discloses a prima facie case and raises “grave suspicion” warranting trial.
The petitions were filed by Kali Dass and others, including Swaran Singh and Bal Krishan Sharma, who were represented by a battery of lawyers.
The petitioners had challenged an order dated December 15, 2012, passed by the Principal Sessions Judge, Jammu, whereby they were discharged of offences under Sections 467 and 471 of the Ranbir Penal Code but directed to face trial under Sections 419, 420, 468 and 120-B RPC along with Sections 3/7 of the Essential Commodities Act.
The case traces back to 2006 when Police Station Satwari registered FIR No. 91/2006 after a raid at the premises of Gurmeet Singh, a kerosene dealer, led to recovery of 600 litres of kerosene oil, allegedly in excess of his allotted quota.
During investigation, the oil was found to have been released on the basis of an allotment order dated May 16, 2006, which was suspected to be forged.
Subsequently, a larger racket involving fake allotment orders surfaced, leading to registration of FIR No. 31/2006 at Police Station Peer Mitha.
Investigations revealed that forged allotment orders were allegedly prepared and used in connivance with officials of the Consumer Affairs and Public Distribution Department to secure kerosene oil, which was then diverted to the black market.
The prosecution alleged that employees of the stockist firm M/S Devi Dass Gopal Krishan and private individuals, including Keshav Sawhney and Rattan Lal, were involved in preparing and circulating forged allotment orders.
Statements recorded during investigation indicated that such documents were typed at a private establishment and presented for verification before departmental officials.
One of the key witnesses, Omesh Sharma, an employee of the stockist firm, stated that a suspicious allotment order was shown to Kali Dass and Swaran Singh, who allegedly confirmed its genuineness, leading to release of kerosene oil.
The prosecution relied on such material to argue that departmental officials facilitated the use of forged documents. Challenging the charges, the petitioners argued that they had been falsely implicated without any direct evidence of preparing forged allotment orders.
But, Court announced its orders.
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