Panaji: Special Court on Saturday assumed the former Minister of PwD Churchill Alemao and a PWD executive engineer in the case of Rs 300 Crore, where the crime branch accused them of fraudous floating tender notifications related to 258 road work / maintenance before 2011.
The prosecution of the suspicion Executive Engineer Parkar, in his official capacity, and Alemoo, the Minister later, hatched a criminal conspiracy with “sloping motives by misusing their position as a civil servant”, so the contractor is preferred to carry out public work.
The crime branch submits Chargesheet against Alemoo and Parkar under it 120-B, 403, 409 and 420 IPC and section 13 (1) (d) Read with 13 (2) Prevention of Corruption Act, 1988.
However, the court said that FIR Do not disclose the facts that are elements of one of the alleged violations.
“Even the documentary evidence produced by the prosecution is less than that effect,” he said.
“Furthermore, the investigation officer has not shown a record of conducting an initial investigation before registering FIR to see whether Prima Facie, information can be reliable to see the crime commission.
Therefore, prosecution has failed to produce any legal evidence to show that the defendant’s actions are included in the material – The material for the violation that he had tried to be indicted .
Samant said that Parkar crossed the specified procedure and “created a lot of illegal”.
The prosecution also accused the Duo floating 13 short tender notifications related to 258 works as maintenance work.
“There is no competition between the prospective tenderer, which results in a non-sales of tender forms, causing losses to the value added and pleasant value and the benefits of money to the specified contractor,” the alleged police officer.
But Judge Vincent D’Silva said that there was no evidence to show all types of requests by the defendant.
“There is also no evidence to show all kinds of office harassment by the defendant,” he said.
“There is also no evidence to show that the defendant has benefited because of a job contact Ferreira, handed over the procedural lacuna or violation of the procedure does not mean fraud or crime.
Actually the fact that applicable rules or norms are violated or the decision taken may be inappropriate or contrary to the department’s facilities cannot be trusted to benefit money.