ACC faces legal hurdle to submit charge-sheet over wheat scam

Even though the Anti Corruption Commission (ACC) has found that five persons are allegedly involved in plundering 33,000 metric tonnes of wheat of a Korean company, they are not able to submit charge-sheet against them since the government is not interested in it and because of legal complications, according to ACC sources.
The ACC probe revealed that under an agreement with the government, the Korean company M/S Samjin cs & t Co Ltd sent 33,000 metric tonnes of wheat to Bangladesh in 2014, but the government cancelled the agreement because of a delay in delivering the consignment. Later, five Bangladeshi nationals, in collusion with each other, sold the wheat from the warehouse of Malek Majhi in the local market in 2014.
Those allegedly involved in plundering the wheat worth Tk. 85 crore are: local shipping agent JK Shipping Lines proprietor Nurul Islam and its chief executive officer and Nurul’s father Kamrul Islam, their business partner Md Akhtaruzzaman (Mamun Khan), managing director of Rokeya Automatic Flour Mills, Md Saiful Islam, and owner of M/S Malek Majhi Godown, Malek Majhi.
Record shows that Azizul Islam, the managing partner of Sheikh Ashraf Ali and Sons, the local agent of the Korean company M/S Samjin cs & t Co Ltd, filed a case against the five persons with Bandar police station of Chittagong city on May 31, 2015, in connection with the plundering of wheat, but police transferred the case to the ACC.
After investigation, the ACC found the involvement of the five people, but it could not submit charge-sheets before the court due to the legal complications and the Anti Corruption Commission (Amendment) Act 2016.
When contacted, ACC deputy director, Chittagong district office, and investigation officer of the case, HM Akhtaruzzaman, admitted that legal complications prevented them from submitting the charge-sheets against the accused person.
According to the amended law, he said the ACC can frame charge-sheets against the accused where there is an interest of the government while police are supposed to submit charge-sheets in a case where there is no government interest.
After the amendment to the Anti Corruption Commission Act in 2016, the jurisdiction of carrying out any probe into any case of forgery and cheating goes to the police.  
Akhtaruzzaman said during the investigation, he had found evidence of cheating and plundering of the wheat consignment by the five accused. He said the ACC would now forward the case to Bandar police station as it has no jurisdiction to submit the charge-sheets before the court.
South Korean company M/S Samjin cs & t Co Ltd had signed an agreement with the food ministry of Bangladesh in 2014 to supply wheat. President of the Korean company, Hco Man Woong, appointed Sheikh Ashraf Ali and Sons, a Khulna-based company, as its local agent, according to ACC sources.
Under the agreement, the South Korean company supplied the first consignment of 19,500 metric tonnes of wheat through Mongla port in July 2014.
When the second consignment of 33,000 metric tonnes of wheat, worth Tk. 85 crore, reached the Chittagong port on August 6 in 2014, a dispute arose between the company and the local agent over commission.
Finally, Sheikh Ashraf Ali and Sons filed a case with a Dhaka court against the South Korean national Woong for realising its commission, and the court directed to stock the wheat under the Korean national until the case is disposed of.
In the meantime, the food ministry refused to accept the wheat as the date of delivery expired. And the shipping agent stocked it in a local godown of Chittagong in accordance with the court order.
The five accused—Akhtaruzzaman (Mamun Khan), Saiful Islam, Nurul Islam, Kamrul Islam and Malek Majhi—allegedly sold the entire consignment of wheat in the local market, flouting the court order and without the permission of the local agent or Korean company president Woong.
The wheat plunder came to light when Sheikh Azizul Islam, managing partner of the local agent, in 2015 got a sale order for 7,000 metric tonnes of wheat from the court to realise his commission. When he went to the warehouse, he found the wheat missing.
Contacted over phone, Akhteruzzaman (Mamun Khan), he replied that it was not Mamun Khan’s phone number. The other accused could not be contacted.

ACC faces legal hurdle to submit charge-sheet over wheat scam

Even though the Anti Corruption Commission (ACC) has found that five persons are allegedly involved in plundering 33,000 metric tonnes of wheat of a Korean company, they are not able to submit charge-sheet against them since the government is not interested in it and because of legal complications, according to ACC sources. The ACC probe revealed that under an agreement with the government, the Korean company M/S Samjin cs t Co Ltd sent 33,000 metric tonnes of wheat to Bangladesh in 2014, but the government cancelled the agreement because of a delay in delivering the consignment. Later, five Bangladeshi nationals, in collusion with each other, sold the wheat from the warehouse of Malek Majhi in the local market in 2014. Those allegedly involved in plundering the wheat worth Tk. 85 crore are: local shipping agent JK Shipping Lines proprietor Nurul Islam and its chief executive officer and Nuruls father Kamrul Islam, their business partner Md Akhtaruzzaman (Mamun Khan), managing director of Rokeya Automatic Flour Mills, Md Saiful Islam, and owner of M/S Malek Majhi Godown, Malek Majhi. Record shows that Azizul Islam, the managing partner of Sheikh Ashraf Ali and Sons, the local agent of the Korean company M/S Samjin cs t Co Ltd, filed a case against the five persons with Bandar police station of Chittagong city on May 31, 2015, in connection with the plundering of wheat, but police transferred the case to the ACC. After investigation, the ACC found the involvement of the five people, but it could not submit charge-sheets before the court due to the legal complications and the Anti Corruption Commission (Amendment) Act 2016. When contacted, ACC deputy director, Chittagong district office, and investigation officer of the case, HM Akhtaruzzaman, admitted that legal complications prevented them from submitting the charge-sheets against the accused person. According to the amended law, he said the ACC can frame charge-sheets against the accused where there is an interest of the government while police are supposed to submit charge-sheets in a case where there is no government interest. After the amendment to the Anti Corruption Commission Act in 2016, the jurisdiction of carrying out any probe into any case of forgery and cheating goes to the police. Akhtaruzzaman said during the investigation, he had found evidence of cheating and plundering of the wheat consignment by the five accused. He said the ACC would now forward the case to Bandar police station as it has no jurisdiction to submit the charge-sheets before the court. South Korean company M/S Samjin cs t Co Ltd had signed an agreement with the food ministry of Bangladesh in 2014 to supply wheat. President of the Korean company, Hco Man Woong, appointed Sheikh Ashraf Ali and Sons, a Khulna-based company, as its local agent, according to ACC sources. Under the agreement, the South Korean company supplied the first consignment of 19,500 metric tonnes of wheat through Mongla port in July 2014. When the second consignment of 33,000 metric tonnes of wheat, worth Tk. 85 crore, reached the Chittagong port on August 6 in 2014, a dispute arose between the company and the local agent over commission. Finally, Sheikh Ashraf Ali and Sons filed a case with a Dhaka court against the South Korean national Woong for realising its commission, and the court directed to stock the wheat under the Korean national until the case is disposed of. In the meantime, the food ministry refused to accept the wheat as the date of delivery expired. And the shipping agent stocked it in a local godown of Chittagong in accordance with the court order. The five accusedAkhtaruzzaman (Mamun Khan), Saiful Islam, Nurul Islam, Kamrul Islam and Malek Majhiallegedly sold the entire consignment of wheat in the local market, flouting the court order and without the permission of the local agent or Korean company president Woong. The wheat plunder came to light when Sheikh Azizul Islam, managing partner of the local agent, in 2015 got a sale order for 7,000 metric tonnes of wheat from the court to realise his commission. When he went to the warehouse, he found the wheat missing. Contacted over phone, Akhteruzzaman (Mamun Khan), he replied that it was not Mamun Khans phone number. The other accused could not be contacted.