
Jammu Ex-Official Gets 3-Year jail and Rs 50 Lakh Fine for Disproportionate Assets
Jammu Ex-Official Gets 3-Year jail and Rs 50 Lakh Fine for Disproportionate Assets
The former Section Officer in the Planning Section of the DC office in Jammu has been handed a three-year prison sentence and fined Rs 50 lakh by Special Judge Anti-corruption Jammu, Tahir Khurshid Raina, in a case involving disproportionate assets.
The court, citing the Supreme Court’s directive, emphasized the need for judges to wield justice with severity when the gravity of the offense requires it. In the hearing, APP Irshad Ahmed Sheikh represented the Vigilance Organization (now ACB), while Advocate G S Thakur represented the accused.
The court highlighted the prevalent corruption and misuse of official position in the bureaucracy, stating that the convicted individual had amassed significant ill-gotten wealth. It stressed the importance of sending a bold, clear, and deterrent message to society, particularly to those engaged in corruption.
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The Special Judge acknowledged that time cannot be reversed to compensate victims of the convict’s actions but suggested a different form of compensation. The court deemed it appropriate to send a strong message to the convict and others in the system that assets proven to be disproportionate to their income would be seized as a fine and deposited in the government treasury for various welfare activities.
Although Section 8B of the J&K PC Act, allowing the attachment and seizure of property acquired through criminal misconduct, was not invoked in this case, the court addressed the lapse by invoking another provision outlined in Sub-Section (4) of Section 5. This provision mandates the consideration of the amount or value of the property obtained by the accused when imposing a fine.
Considering the convict’s age and the challenges faced during the lengthy trial, including the loss of his wife, the Special Judge opted not to impose the full prescribed dose of imprisonment. Consequently, the individual received a three-year simple imprisonment term and a fine under the J&K PC Act.
The accused failed to account for disproportionate assets totaling Rs 760,000, excluding state and Auqaf land on which he constructed houses and more than 100 tolas of gold. As a result, a fine of Rs 500,000 was imposed to be deposited in the government treasury for the welfare activities of the people.
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