Goemkarponn Desk
PANAJI: The Additional Sessions Judge & Special Judge under Prevention of Corruption Act, South Goa at Margao Vincent D’ Silva, today, discharged Engineer Parkar and Former PWD Minister for offences punishable under Sections 120-B, 403,409, 420 IPC and Section 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 in Special Case No 1/2019.
The case of the prosecution was that Churchill Alemao had issued a note to route the files to him without referring to the Finance Department pending decision by the Chief Minister and that both accused had conspired to cheat the Government by awarding tenders to their favourites and also hired vehicles thus causing loss to the exchequer in several crores of rupees.
The FIR was registered on the basis of a complaint by Sunil Kawthankar.
The Court held that there was no loss to the exchequer and that the files had been processed properly through various levels, the documents in fact showed that the State had gained by contractors not even claiming the amounts nor refund of the security deposits and that all actions done, had the approval at various competent levels.
As far as Churchill Alemao, the Additional Sessions Judge accepted the submissions that there was nothing on record to establish that any particular contractor had been favoured. In fact, the record showed that the successful contractor was awarded the contract after submitting tender and having his application processed.
There was no allegation against Mr. Churchill Alemao that there was award of the tender, out of turn. Also, to sustain the charges, it was important to prove that there was demand and receipt of money which was absent in the complaint/FIR itself.
The Court held that even the other offences had not been made out. The Court discharged both accused of all charges.
Special PP Sidharth Samant appeared for the State, Adv. Shankar Hegde, Senior Advocate appeared for Engineer Parkar, whilst Adv. Carlos Alvares Ferreira appeared for Churchill Alemao
