Jammu: December-01-2023:- Special Judge CBI Srinagar SC Kattal framed charges against Syed Farooq Ahmad, Deepak Khajuria, Kuldeep Sharma, Nitish Proach, Surjit Singh and Harvinder Singh in much publicized fake gun license scam.
The brief facts of the case are that during the period from 2012 to 2016 the District Magistrate of various Districts of J&K including District Kulgam have fraudulently and illegally issued gun licences which run in thousands. The charge sheet in hand pertains to the gun licences issued by District Magistrate Kulgam who in connivance with his subordinate (Judicial clerk A-2) & private persons(A3 to A7) have fraudulently and illegally issued the gun licences which have raised serious security concerned as the state is facing internal security challenges. The licences authority have brazenly flouted the norms, procedures and rules governing the subject in lieu of monitory considerations by abuse of their official position as public servant which discloses the commission of above mentioned offences. The final report further reveals that Jahangir Mir (A-1) the then DM Kulgam (now dead) during his tenure from 18.05.2012 to 18.07.2014 as DM Kulgam in pursuance to the criminal conspiracy hatched with co-accused named above issued more than Eighteen thousand Arms licences and many of licences have been issued even after his relinquishment the charge of DM Kulgam but he has falsely shown these licences to have been issued during his tenure.
The Co-accused in this case are accused No. 2 namely Syed Farooq Ahmad the than Judicial Clerk in the office of DM Kulgam (now retired), the accused No. 3 namely Deepak Khajuria proprietor M/S Khajuria Engineer Works Jammu, Accused No. 4 namely Kuldeep Sharma Manager M/s Pratap Gun House Jammu, Accused No. 5 namely Natish Proach M/S Natish Proach Arms and Ammunition Dealers, Accused No. 6 namely Surjeet Singh Proprietor M/S Deshmesh Armory Arms and Ammunition Dealers Jammu, Accused No. 7 namely Harvinder Singh retired Major.
To bring out criminality on part of accused persons, the I.O has referred six instances regarding issuance of Arms licences which have been fraudulently & illegally issued in favour of ineligible persons who are neither resident of nor posted in the jurisdiction of district Kulgam. In one case the accused No. 7 (Harvinder Singh) has himself put the signature of his Commanding Officer on the application form as well as the recommendation letter. The arms licences have been issued without obtained police verification or verifying the credentials of applicants, many application forms are found incomplete and crucial information has not been given in the application. It has also surfaced in the course of investigation that licensing authority in pursuance of criminal conspiracy with gun-dealers, middlemen ie co-accused have lured the large number of defence personal by illegally recommending their cases to Home Department for extension of jurisdiction to all over India for monitory considerations. The recommendation has been made to lure the defence personal for personal monitory gains. The Act of the licences authority is in blatant violation of Arms Act and Rules.
Special Judge CBI Srinagar SC Kattal after hearing both the sides observed that this court is of the considered view, that the above referred material evidence is sufficient to raise to the grave suspension as regards to the involvement of accused persons in commission of alleged crime ie abuse of official position by accused No. 2 pursuance to criminal conspiracy hatched with co-accused no 3 to 6, whereby the accused have manipulated/forged record and have fraudulently and illegally issued the Arms licences in favour of the defense personnels who were neither residing nor posted in District Kulgam at relevant time. Moreover, to lure the defense personnels recommendations have been made to the home department for all India licence without verification of character and antecedents for monetary consideration. Hence, prima facie case is made out for framing the charge against the accused persons. The accused person 2 to 6 are charge-sheeted for commission of offences U/Sec. 120-B, 420, 467,468, 471, 201/RPC r/w Section 5(1)(d)/5(2)PC Act. Svt.2006. The accused no 7 has resorted to cheating by forging signature of the commanding officer in the authority letter/application & used that authority letter as genuine for purpose of cheating therefore, the accused no 7 is charge-sheeted for commission of offence 420, 468 & 471RPC. The accused persons are charge-sheeted accordingly. JNF