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| Court acquits Army Captain, Ors from corruption charges | | | Early Times Report
Jammu, Jan 05- Acquitting J S Panu the then Supt B/B-1, Captain NS Mann Engineer Incharge and Y N Kashyap of Swastic Construction Company from the corruption charges, Special Judge Anti Corruption Jammu J R Kotwal observed that no offence u/s Prevention of Corruption Act has been made out at all and the prosecution’s flimsy attempt to prosecute the accused persons has failed.
After hearing Senior Public Prosecutor SK Bhat appearing for the CBI and Advocates OP Sharma and KK Sharma appearing for the accused and goning through the case of CBI and also statements of witnesses, the Anti-Corruption Judge observed that as regards the bad workmanship, it suffices to say that section 420-A RPC is not to be invoked for bad workmanship alone. It rather contemplates use of material less in quality or inferior in quality than specified in the contract as also the use of material not in accordance with the contract. In this view prosecution for commission of offence u/s 420-A RPC with allegation of bad workmanship would be misconceived. According to the evidence of Lt Col, K Muthu Krishnan and Col RKS Pundir that the contractor did not rectify the defect and reconstruct the wall despite notice, thus paid to new contractor Mohammed Ibrahim Khan for reconstruction of the wall is recoverable from the Swastic Construction Company as per the prosecution case itself, so the question of any pecuniary loss having been caused to the Government or corresponding advantage having been caused to the said company does not rise at all.
According to the CBI case M/S Swastic Construction Company was allotted a contract for construction of traverse wall, accused YN Kashyap was the Prop of the said company whereas accused HM Kashyap was its attorney holder (who passed away during the trial). The construction of wall was completed by December 22, 1987 but before it was handed over to its users, the wall collapsed during the night intervening February 14/15, 1991, CBI registered a case u/s 120-B r/w section 420-A RPC and sections 5(2) r/w section 5(1) (d) of J&K Prevention Of Corruption Act and after completion of the investigation presented challan in the Court. JNF
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