Case likely to face procedural delays

SHILLONG, Aug 27: A police inquiry team has spilled the beans on a multi-crore vehicle ‘scam’ in the Police department, involving the now Commandant of the elite Special Forces – 10, Gabriel K Iangrai but the process of taking the matter to its logical and legal conclusion may face the twin obstacle of time and departmental procedures.
A senior lawyer of the state, commenting on the case, said there are three aspects of the matter — one being after procurement of vehicles, they were not assigned to the concerned departments; second, the registration of the vehicles was not done; and third is the allegation of misuse of vehicles for personal use.
The lawyer said that once the inquiry report is submitted, the government will take a call on whether it requires administrative action, or they may even seek further clarification from the inquiry officer.
“After examination, the government will ask the department for materials and the government will have to form an opinion on whether this is a case of violation of rules or misappropriation,” the lawyer said.
Stating that the government will have to make an opinion if it is a case which falls under Prevention of Corruption Act, the lawyer said that there is an amendment in the Act and as per it, before registering a case, whether or not there is misappropriation of case by an officer has to be proved.
Asked if the accused officer can be booked under Section 409 of the Indian Penal Code, the lawyer said that the case can be registered
but the Police department will have to avail materials if the vehicles are being used for personal use.
The lawyer, however, said that government officers utilise government vehicles for personal use on certain occasions.
It may be mentioned that Section 409 reads criminal breach of trust by public servant, or by banker, merchant or agent.
Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, the section says.