Court awards 7 years imprisonment and fine Rs 2 lacs to then Tehsildar in DA Case
JKUT (Jammu), December-27-2021-( JNF):- Special Judge Anticorruption Jammu Ritesh Dubey today awards seven years imprisonment and fine Rs 2 lacs to Janak Singh the then Tehsildar Recovery Jammu after 13 years investigation and trial in Disproportinate Assests case.
According to the VOJ (now ACB) case that The case of the prosecution briefly is that the accused Janak Singh who joined as patwari in Revenue department in 1966, acquired assets disproportionate to his known and visible sources of income, in the names of himself and his close relatives, by indulging in corrupt practices during his service carrier. Verification found that he had constructed a double storey residential house in two kanals land at Shastri Nagar Jammu, established a petrol Pump namely Shankar Filling Station at Greater Kailash Jammu, in the name of his family member. He is found to have resorted to acquisition of these and other movable and immovable property including land etc in the names of himself and his close relations in order to conceal their illicit origin. Present FIR was registered, and investigation done.
After obtaining search warrant, searches in the residential House No. 1 Extension Shastri Nagar, Jammu, and residential house of Raghubir Singh accused, were conducted. Searches were also conducted at Shankar Filing Station Greater Kailash Jammu, office premises of accused as Tehsildar Recovery Jammu, and house No. 314-A Shastri Nagar, Jammu. Cash, gold, land documents, property statements of accused No.1, mutation copies, etc. were recovered and seized.
Immovable assets include a double story house at Extension 1 Shastri Nagar Jammu, constructed by the accused over a piece of land measuring 19 marlas in khasras number 159, 161, 165 at Narwal Pain gifted by Chamel Singh s/o. Doulat Singh r/o. Chak Chohana A/p Sunderput R.S Pura to Avtar Singh and Amit Singh sons of Janak Singh on 11-07-1986 with total cost of house assessed as Rs. 11,14,558/- by Engineering Wing VOJ, M/S Shankar Filling Station Greater Kailash (Deeli Jammu) installed on 30-03-2005 over 3 kanals land gifted to Avtar Singh by Amar Singh, Raghubir Singh co-accused and Amit Singh s/o. Janak Singh. Amount of Rs. 3 lacs was deposited as security by the accused, in the name of Avtar Singh, on 19-03-2005. House No. 314-A Shastri Nagar, Jammu was purchased by the accused in the name of his brother-in-law Raghubir Singh (A-2) from Late Sh. Prem Nath, through a sale deed dated 11-04-2021 in which the cost of said house has been shown as Rs. 2.50 lacs. The said amount was paid through cheque of account No. SB/3143 J&K Grameen Bank Channi Himmat, Jammu in the name of Raghubir Singh.
Accused purchased 4 kanals of land at Meen Charakan Samba, in the name of his son Avtar Singh, for Rs.5000/- on 12-04-1989, and later, sold the same for Rs. 3,70,000/-. The accused also purchased/acquired different plots by way of gifts, in the name of his father-in-law Gandharb Singh, brother-in-law Raghubir Singh and real brother Gandharb Singh.
Another plot No.113-B measuring 1 kanal at Sainik Colony Jammu, initially allotted to Major Som Nath Pandit in the year 1999, and transferred in the name of Gandharb Singh Father-in-law of Janak Singh, was later gifted/transferred to Avtar Singh s/o Janak Singh, on 10-11-2003.
Different accounts stated in the chargesheet state the amounts deposited in the Bank accounts of accused Janak Singh, and his wife sons and daughters totaling Rs. 8576251/- (serials No. 1 to 11) and two accounts of his brother-in-law Raghubir Singh totaling Rs.1630673/- ( serials No. 12, 13), as on 22-02-2008.
A sum of Rs. 1157589/- has also been paid as premium towards Insurance Policies of the accused and his family members and relatives, up to 22-02-2008.
Co-accused Raghubir Singh and Gandharb Singh were paid compensation by Collector J&K Housing Board, for different plots at Deeli, whereas the said land was purchased by accused Janak singh, in their names. Compensation obtained on 18-10-1999 was deposited in J&K Bank Sidhra accounts No. 635 and 634 as Rs. 9,20,000/- and Rs. 15,52,500/- respectively. Raghubir Singh transferred Rs. 20 lacs through five cheques of Rs. 4 lacs each on 02-09-2001 from the said account No. 635, in the names of five family members of Janak Singh namely Kanta Devi, Amit Singh, Sarika, Preeti and Avtar Singh to J&K Bank Branch Bhaddu Billawar. In the said accounts, co-accused Gandharb Singh also transferred Rs. 25 lacs through five cheques of Rs. 5 lacs each on 07-09-2000. Later the above said amounts were transferred from J&K Bank Bhaddu accounts No.1656 to 1660 to J&K Bank Residency Road, on 27-11-2001 in the accounts number 13738 to 13742 of Avtar Singh, Kanta Devi, Sarika, Amit Singh and Preeti. These accounts were detected during investigation, and not disclosed in assets declaration form supplied to the accused. The total amount, in the said accounts was Rs. 45,00,000. Sums of Rs. 50,000/- and Rs.1,29,000/- have also been transferred from account No. SB-634 to SB-1569 JK Bank Greater Kailash in the name of Avtar Singh.
Accused Janak Singh purchased house no. 314-A in the name of Raghubir Singh, and the amount of Rs.2.50 lacs was transferred from his account No. 3143 J&K Grameen Bank Channi Himmat, Jammu to the account of owner Prem Nath in Citizen Cooperative Bank Shastri Nagar.
Accounts no. 3386002100017825, 3386008700007631, 33860001000360673 in respect of Avtar Singh (M/s Shankar Filling Station) at Punjab National Bank Nehru Market Jammu, and account no. C/A-45-UCO Bank Shastri Nagar Jammu, of M/s Shankar Printing Press (Raghubir Singh) were not taken into consideration.
Total assets both movable and immovable, of the accused have been calculated at Rs. 45,52,559/-. Income from all sources is worked out as Rs. 41,16,426. Total expenditure of the accused is worked out as Rs. 30,36,002/-. And the disproportionate assets have been worked out as Rs. 34,72,135/-.
Special Judge Anticorruption Jammu Ritesh Dubey after hearing APP Irshad Ahmed for the ACB whereas Adv KS Charak for the accused person observed that with respect to properties including cash in the names of himself as well as his family members, it is established and proved beyond the shadows of all reasonable doubts that the Janak Singh has acquired assets disproportionate to his known source of income. And I am convinced that the evidence led by the prosecution leads to one and only one hypothesis pointing to the guilt of accused No. 1. Since, the assets mentioned and calculated under the heading total assets (S. No. 1 to 5) at page No.10 of the charge sheet, as well as the transfer of Rs. 45 lacs in total by the accused no. 2 and 3, in the names of family members of accused Janak Singh, is proved. The disproportion of assets viz-a-viz income of the said accused stands proved beyond the shadows of all reasonable doubts. His claims as to improper assessment of the value of house building and other items, or similar such claims, become insignificant in view of the huge disproportion in his income and assets.
Court further ordered that Janak Singh is convicted for the offences u/s 5(1)(e) r/w 5(2) J&K PC Act Svt. 2006 as well as sections 12/14 Public Men and Public Servant Declaration of Assets Act, and section 3 J&K Benami Transaction (Prohibition Act). The offence under section 3 is found proved on account of Benami properties is found established on account of properties held by him in the names of his family members without the permission of competent Authority. However due to lack of evidence, he is acquitted of the offences u/s 109/120-B RPC and he is sentenced to undergo simple imprisonment for a term of three years for having committed the offence under sections 5(1) (e) r/w 5 (2) J&K PC Act Svt. 2006. He also be liable to sisuffer simple imprisonment for a term of two years for having committed the offence u/sections 12/14 Public Men and Public Servants Declaration of Assets Act. He is also be liable to suffer further simple imprisonment for a term of 2 years for having committed the offence u/section 3 punishable u/section 4 J&K Benami Transaction (Prohibition Act).
Court further clarified that all the sentences shall run concurrently. Court further ordered that the accused shall also be liable to pay a cumulative fine of Rs.2 lacs, for having committed the above said offences. In case of default in payment of fine by him, he shall suffer further simple imprisonment of 1 year. The same shall be in addition to the substantive sentence of imprisonment awarded herein before. JNF