STATE OF GUJARAT Vs. UMEDBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order dated 31st March, 2009 passed in Special Case No.6 of 1992 and Special Case No.9 of 1992, whereby the respondents ­ accused have been acquitted of the offences punishable under sections 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter referred to as "the Act") and section 120-B of the Indian Penal Code.

(2.) THE prosecution case is that Shri A. M. Khoda, Police Inspector, ACB Surat was discharging duties on 9.1.1986, when he had received the papers and record along with the report of the Director, Prevention of Corruption Bureau, Gujarat State, Ahmedabad, dated 19.9.1985, wherein it was stated that the accused, namely, the respondents herein and one Shri Laxmanbhai Lakhabhai Contractor (who had expired prior to the commencement of the trial and therefore, not included as a respondent) and the present respondents, all of whom were public servants and officers in various departments, more particularly described in the complaint. It is alleged that from the accused, the Executive Engineer, Weir-2, Vyara Division and the Deputy Executive Engineer, Weir Sub Division 3, Vyara had purchased tarpaulins at four stages during the period 1982-83 and 1983-84. The Deputy Executive Engineer - Shri N. N. Bhatt submitted a note for purchase of 7500 square metres of tarpaulins in the year 1982 to the Executive Engineer, Weir- 2, Division Vyara which was approved by the Store-Keeper Shri Khushalbhai Naranji Patel. The Accountant-Shri Jagdishchandra Bhailal Parmar, I. P. Division No.3, Vadodara submitted a note for purchasing the same at the rate of Rs.33=10 ps. from M/s. Seema Enterprises, Surat and stated that there was a financial provision for it. The Executive Engineer Shri Umedbhai Maganlal Patel, without verifying the rates, approved of the rates sanctioned earlier by the I. P. Division and put a noting that he had discussed the same orally with the Superintending Engineer-Shri Laxmanbhai L. Contractor, Ukai Circle, and granted permission to purchase tarpaulins on 28.12.1982, on the basis of which, a purchase order was placed with M/s. Seema Enterprises, Surat, who delivered 200 pieces of tarpaulins on 31.12.1982, the measurements of which were recorded in the measurement book No.7365 at page 736467 and the total amount of Rs.2,51,935=20 ps., including tax, was paid through cheque. Out of the said tarpaulins, 50 pieces came to be allotted to the Mandvi Sub-Division Office on 17.1.1983 and 110 pieces were allotted to different offices in the year 1983, whereas 40 pieces of tarpaulins were retained with the Weir Sub Division, which were subsequently allotted to the Anaval Sub Division Office in July 1983.

(3.) SINCE the rate given by M/s R. S. Traders was minimum, the Executive Engineer, Weir-2 placed an order for purchase of 380 pieces of tarpaulins at the rate of Rs.33=10 ps., including tax, on 10.8.1983, on the basis of which, 200 pieces of tarpaulins came to be supplied on 19.8.1983 and 180 pieces came to be supplied on 1.9.1983 at a total cost of Rs.4,76,497=40 ps. The measurements of such tarpaulins were recorded in the measurement book No.9008 at pages No.450351 to 450353 and the Executive Engineer had checked the same. These tarpaulins were allotted to other offices between 3.9.1983 and 14.9.1983.