SRINAGAR, Apr 9: A local court acquitted three ex-employees of Kashmir Valley Milk Producers Federation from the charges of financial irregularities, fraudulent supply orders, illegal elevation of officers to higher ranks and embezzlement in the federation.
The Court of Additional Special Judge Anti-Corruption Srinagar-Mehreen Mushtaq acquitted the then Managing Director, Accounts Officer and the then Accounts Assistant of Federation from the charges of 420, 467, 468 under Prevention of Corruption Act as mention in the FIR No. 24/1999 registered with the Police Station VoK.
The court acquitted Abdul Majeed Bhat of Bagh-I-Mehtab Srinagar then I/C Managing Director, Gayas Ud Din of Dalal Mohalla Srinagar then Accounts Officer and Abdul Rashid Rather of Kadlabal Pampore then Accounts Assistant, Now Marketing Assistant Milk Federation Cheshma Shahi Srinagar.
During the course of enquiry initiated on the basis of a complaint reported to have been lodged by Nazir Ahmed of Karan Nagar, Srinagar revealed that suspect Bhat and Gayas-ud-Din in connivance with subordinate staff and by abuse of their official position have committed financial irregularities by way of sanction issuing fraudulent supply orders, illegal elevation of officers to higher ranks, irregularities in records, embezzlement of lacs of rupees and irregularities in the remittance of sale proceeds of milk etc.
It is revealed that delinquent officials purchased milk from the private contractors before issuance of supply order, ignoring the codal formalities.
The suspect officers at the helm of affairs had deliberately and intentionally violated the terms and conditions of supply order by accepting milk of low-fat content, causing huge loss to the federation in the shape of processing and standardization of milk procured.
On the basis of evidence both ocular and documentary brought on record during the course of investigation prima facie case U/S 5(2) PC Act 2006, r/w 420, 467, 468, 471 and 120-B RPC is made out against the accused who by abuse of their official position and in active connivance with each other have put the state exchequer and final report as envisaged U/S 173 Cr.PC has been submitted for judicial determination.
The court said, it is not clear which forged document has been used by the accused knowing or having reason to believe that it is a forged one.
The prosecution story is that the accused have made insertions, over writings and cuttings in the AC roll but have not been able to establish which insertions were made by the accused and what was gained by them by doing this”, reads the judgment.
The court added that when forgery has not been established it is not clear which forged document has been used by the accused and what they have gained by using that alleged forged document. To prove criminal conspiracy the prosecution must show an agreement between two or more persons to commit an illegal act.
The court as such concluded that the prosecution has failed to establish its case against the accused and accordingly acquitted them from all the allegations leveled against them.
The court discharged them from their personal and surety bonds.
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