ACB files SLP in Supreme Court in Disproportionate Assets Case against Ghulam Ali Dar, the then Executive Engineer, PDD Transmission Division Bemina, Srinagar.

On the basis of an information, a case of Disproportionate Assets was registered against Ghulam Ali Dar, Executive Engineer, PDD Transmission Division, Bemina, Srinagar U/s 5(2) PC Act Svt. 2006 at Police Station VOK (Now ACB) with FIR No. 101/ 1997.

2. During the course of investigation, the relevant records pertaining to the case were seized and statement of the witness recorded U/s 161 Cr.PC. After considering the material collected during the investigation of the case, it was found that the accused officer was in possession of the disproportionate assets amounting to Rs. 21, 74, 249/-. The accused was given opportunity to explain his source of income, however he could not offered any plausible explanation. Accordingly the case was sent for Government sanction for prosecution against him, which was accorded on 07th April, 1999.

3. The chargesheet of the case was produced in the court of Special Judge Anti Corruption, Srinagar. The trial court vide order dated 30-05-2006 convicted the accused for the commission of offences U/s 5(1)(e) r/w 5(2) J&K PC Act Svt. 2006. The accused was sentenced to three years of rigorous imprisonment and a fine of Rs. 05 Lakh and in the default of payment of fine, the accused had to undergo further simple imprisonment of 18 months. Besides this, the amount of Rs. 6,92,700/- cash recovered from the accused has to be confiscated.

4. The accused appealed in the High Court against the judgement of trial court, wherein, the High Court had set aside the judgement of the trial court and remanded the case to the trial court with the directions to frame charge afresh.
5. On the directions of High Court, the trial again restarted in the trial court. During the trial, number of PWs were examined, however, PWs were produced at the instance of defence only. The trial court again passed the judgement of conviction on 31-05-2011, for the commission of offences U/s 5(1)(e) r/w 5(2) J&K PC Act Svt. 2006. The accused was sentenced to two years of Rigorous imprisonment with a fine of Rs. 06 Lakh. Besides the assets viz, Rawalpora house along-with land beneath and appurtenant to measuring 7200 Sq. ft., cash of Rs. 6,92,700/- and vehicle No. JK01C4033 (Maruti) be confiscated.

6. The accused again preferred an appeal against the impugned judgement by way of filing criminal appeal in the High Court. Hon’ble High Court set aside the judgement passed by trial court and accused was acquitted from all charges.

7. After obtaining permission of Government, SLP was filed in Hon’ble Supreme Court.

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