Excelsior Correspondent
Srinagar, Apr 17: A local court here discharged the Khadi and Village Industries Board (KVIB) officials and beneficiaries in 29-year old disbursement of certain loans under schemes of (KVIB) Board.
A Case FIR No.: 02/2001 of P/S ACB Offence under section (s) 409, 468, 419, 120-B RPC was pending before the Chief Judicial Magistrate Srinagar and the court disposed of the challan by discharging all the accused including Board officials.
The case originally arose out of allegations of irregularities in sanction and disbursement of certain loans under schemes of the Khadi and Village Industries Board (KVIB) during the year 1997.
It was alleged that during the year 1997 certain loans were sanctioned under various schemes of KVIB in favour of persons who were allegedly fictitious and whose business units allegedly did not exist.
It was alleged that certain officers of KVIB, in conspiracy with revenue officials, bank officials and private individuals, processed loan applications supported by allegedly forged documents.
Advocate F.A. Bhat, appearing for accused persons filed detailed written arguments at the stage of consideration of charge and submitted that the essential ingredients of offences under Sections 409, 468, 419 and 120-B RPC are completely absent. It was submitted that the entire prosecution case has been built primarily around allegations of misuse of official position and criminal misconduct by public servants while processing loan cases under the schemes of the Khadi and Village Industries Board.
The court said that it is relevant to note that the alleged transactions relate to the year 1997, whereas the present proceedings have continued for more than two decades. Such extraordinary delay inevitably affects the availability of evidence and witnesses and further weakens the prosecution case.
“…this Court finds that the material on record does not prima facie disclose the essential ingredients of commission of offences under Sections 409, 468, 419 and 120-B RPC against accused”, the judgment reads
The court added that the allegations are general in nature and unsupported by concrete evidence linking the accused persons to the commission of the alleged offences. At best, the material raises suspicion, but suspicion alone cannot form the basis of criminal prosecution.
“For the reasons stated above, this Court is of the considered view that no prima facie case is made out against accused persons for offences punishable under sections 409, 468, 419 and 120-B RPC. Accordingly, in exercise of powers vested in this Court, the above named accused persons are discharged from the present case. The bail bonds furnished by the accused shall stand discharged”, the court concluded.
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