LAWS(BOM)-2013-7-162

DAYANAND G. NARVEKAR Vs. STATE

Decided On July 15, 2013
Dayanand G. Narvekar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) These four criminal applications by accused nos.1 to 3 and 9 in Criminal Case No.161/S/2001/D before the learned JMFC (III) at Margao can be disposed of by this common judgment because they raise factual issues which are similar.

(2.) Accused no.1 Dayanad Narvekar was the President of Goa Cricket Association, accused no.2 Ramanath Shankerdas was its Treasurer, accused no.3 Vinod Phadke was the Secretary and accused no.9 Eknath Naik is stated to be related to Dayanad Narvekar, who is alleged to have received some tickets from Dayanand Narvekar for sale. The case arose out of sale of fake and excess tickets for the One Day International Cricket match at Pandit Jawaharlal Nehru Stadium, Fatorda, Margao on 6/04/2001. Long before the match could start, the stadium was full and there were a number of persons holding tickets waiting for being admitted to the stadium. The crowd was unmanageable and the police had to indulge in a mild lathi charge after breaking tear gas shells to disperse the mob. On 5/04/2001 one of the applicants Vinod Phadke had informed the police that he had come across a fake ticket of Rs.200/-. Police Inspector Uttam Dessai filed report on 6/04/2001 that several fake tickets were issued, which led to admission of wrong persons in the stadium and problems arose out of such fake tickets. An offence was registered and after completion of investigation police charge sheeted in all 9 persons including the four applicants before this Court. The applicants sought their discharge before the learned Magistrate, who rejected their applications. They questioned this order by preferring revision application before the Court of Sessions, but even the Court of Sessions rejected their revision applications and therefore they are before this Court seeking quashing of the proceedings by invoking inherent powers under Section 482 of the Criminal Procedure Code.

(3.) As already adverted, three petitioners are the President, the Treasurer and the Secretary of the Goa Cricket Association (hereinafter referred to as the 'trio') and the fourth, accused no.9, is stated to be related to the then President of the Goa Cricket Association. The first three accused persons were virtually running the entire show. They allegedly called for meetings of the association, wrote whatever they pleased in the minutes of the meeting which were drawn up and acted upon such minutes making it appear that they were acting pursuant to the decisions taken in the meetings, when in fact, no such decisions were taken or meetings held. This is particularly highlighted in the material collected by the prosecution from the statements of some of the members including Joint Secretary which were recorded in course of investigation. It was sought to be shown that the Managing Committee had approved all the acts which the trio indulged in. Though the stadium has a capacity of 27,300 persons, the trio placed order for printing of 29,000 tickets with a printer from Hyderabad. Thus, about 1700 tickets were printed in excess in the beginning itself. The trio decided to award contract for sale of all these tickets to accused no.4 Chinmay Fallary for a sum of Rs.68 lacs.