1 IN THE COURT OF SPECIAL JUDGE, CBI, ASSAM, ADDITIONAL CBI COURT NO-II, CHANDMARI, GUWAHATI-3 Special Case No. 7/2007 State(CBI) Vs 1. R.U. Barlaskar, 2. Jayanta Thakuria, 3. Anupam Nath & 4. K.M. Brahma. u/s 120B, 420, 468, 471, 477A IPC and Sec 13(2) r/w 13(1) (d) of P.C. Act, 1988 PRESENT Sri B.K. Chetri (A.J.S.) Special Judge, CBI, Assam, Additional CBI Court No-II, Chandmari, Guwahati. APPEARANCES For the State ………….. Mr. S.K. Singh, Ld. P.P., CBI, For Defence…………….. N.H. Mazarbhuiyan & Dilip Kr. Deka. Date of Prosecution Evidence: 09.08.2012, 10.08.2012, 13.08.2012, 10.09.2012, 11.09.2012, 09.10.2012, 08.11.2012, 07.12.2012, 10.12.2012, 04.01.2013, 01.02.2013, 03.05.2013, 02.09.2013, 01.10.2013, 30.10.2013, 25.11.2013, 21.01.2014, 07.03.2014. Date of statement u/s 313 Cr.P.C.: 17.06.2014, 30.06.2014. Date of Defence Evidence: 03.10.2016, 25.11.2016. Date of Argument: 14.12.2016. Date of Judgement: 31.12.2016 2 JUDGEMENT AND ORDER The prosecution case as unfurled from the FIR dated 27.02.2007 of Ganesh Verma, SP, CBI, ACB, Shillong is that as per information dated 21.02.2007 received from a reliable source that during the year 1992-94 the accused persons namely Sri G.P. Singh(Executive Engineer), R.U. Barlaskar(AEE), Mintu Debnath(Divisional Accountant), Jayanta Thakuria(JE), Gakul Bora(JE), Anupam Nath(JE), K.M. Brahma(JE), N.I. Mazumdar(JE) of Brahmaputra Board, Barak Valley Investigation Division, Silchar and some contractor/ suppliers entered into a criminal conspiracy and awarded contracts of supply of building materials for 23 nos. of semi permanent building costing around of Rs. 50,00,000/- at Tipaimukh High Dam Project. The building materials were purchased at a very high rate from Silchar and transported from Silchar to the project site by departmental vehicle whereas, as per NIT, the contractors were to supply the materials at the work site. Some construction materials like, sand, gravel, boulders, bamboos etc were purchased locally at the project site but the same were shown to have been purchased from Silchar, showing high rates and the payments were made to the suppliers on the basis of forged bills procured from Silchar. Further allegation is that the forest royalty in respect of bamboo, sand, gravel and boulders were not paid. In the process huge loss was caused to the Brahmaputra Board corresponding to the pecuniary gain to the accused persons. Further allegation is that accused G.P. Singh prepared the estimated cost for construction of 23 nos. of semi permanent building at Lusaikhal at an estimated cost of Rs. 2,22,21,900/- as per the PWD schedule rate of 1991 and after approval of the same by the Chief Engineer NIT was shown invited by G.P. Singh. However, no NIT available with the Brahmaputra Board. The comparative statement reveals that the rate of Tender was 192% to 200% above the estimated Cost for which the tender committee recommended for retendering in its meeting dated 16.03.1993. however, prior to the receipt of the order of retendering, G.P. Singh vide note dated 16.01.93 invited tender for supply of locally available building materials. NIT was not published and quotations were received and violating the norms/ rules and G.P. Singh issued supply orders to all the 17 tenderers without negotiation. 3 G. P. Singh also invited quotation on 10.02.1993 for supply of Tabular Truss at an estimated cost of Rs. 70,000/- but no NIT documents are available in support of publication of NIT. R.U. Baslaskar submitted comparative statement of 9 bidders to G.P. Singh recommending negotiation of rate. Out of 9 parties 4 attended the negotiation and a total supply order given to them was at Rs. 5,32,640/-, which was against the estimated cost of Rs. 70,000/-. The bills were verified by the concerned Junior Engineers and countersigned by R.U. Barlaskar, same were checked by Mintu Debnath and finally passed for payment by G.P. Singh. Further allegation is that G.P. Singh in conspiracy with other officials and parties prepared false and bogus bills and caused wrongful loss to Brahmaputra Board to the tune of Rs. 5,32,460/-. G.P. Singh called quotation on 10.02.1993 for land development for construction of building with estimate value of Rs. 40,000/- and earth work for construction of internal colony road, ramp etc with estimated value of Rs. 40000/-. G.P. Singh in order to show favour to the contractors gave a false note dated 02.03.1993 mentioning that the rates have been approved by the Superintending Engineer and awarded the works to the contractors, whereas the Superintending Engineer vide his note dated 02.03.1993 instructed for retendering or negotiation of rates. Further the work orders were issued to different contractors in excess of approved quantity. Rs. 3,99,677.85/- and Rs. 1,47,665.90/- were paid to the contractors for development of land, for construction of quarters and temporary shed and Rs. 1,66,803.52/- was paid towards construction of ramp. It is also mentioned in the FIR that in response to the NIT dated 05.01.1993 for supply of G.I. pipes and G.I. fitting, 23 tenders were received out of which 3 were rejected, comparative statement was prepared by accused Mintu Debnath. Supply orders were issued to 7 farms on the conditions that the supply is to be made at the project site. But the same were brought by the department incurring transport charges. No test check of materials were done and the bills for Rs. 1,65,046/- and Rs. 1,95,468/- were passed for payment. The work of construction of the 23 residential building at Tipaimukh Dam project were shown executed by engaging labourers on muster Roll but none of the laboureres were available at the respective villages. Accused no.2 and 4 accused no. 3 to 8 prepared false bills in the name of bogus labourers and the same was countersigned by R.U. Barlaskar. The payments were approved by G.P. Singh and accused Mintu Debnath checked the bills and recommended payment. A sum of Rs. 19,89,659/- was paid towards labour charges on the basis of false and fabricated bills. The FIR was registered as RCSHG2007A0002 u/s 120B, 420, 467, 468, 471 IPC and Sec 13(2) r/w Sec 13(1)(d) of Prevention of Corruption Act (P.C. Act), 1988 dated 27.02.2007. After completion of the investigation and obtaining necessary prosecution sanction, charge sheet for offence u/s 120B, 420, 467, 468, 471, 477A IPC and Sec 13(2) r/w Sec 13(1)(d) of P.C. Act, 1988 against the accused R.U. Barlaskar, Assistant executive Engineer, Jayanta Thakuria, Junior Engineer, Gakul Bora, Junior Engineer, Anupam Nath, Junior Engineer and K.M. Brahma, Junior Engineer was submitted. The accused G.P. Singh, Mintu Ch. Debnath and N.I. Mazumdar were not sent up for trial and no reason shown for not charge sheeting them.. Be it be mentioned herein that during trial accused Gakul Bora died and case against him abated vide order dated 30.10.2013. As per the charge sheet investigation disclose that 17 files relating to tender and allotment of work were seized and the same being examined by the CPWD Engineers found that the omission/ commission by the accused in the files were mainly administrative in nature and no criminality could be established. The supplies were made by 35 private firms from Silchar, Manipur and Mizoram. 90% of the materials were supplied by the farms from Silchar and out of 25 such firms from Silchar, only 3 could be located. As regard the allegation of supply of materials from Silchar being transported by the Govt. vehicle, no such corresponding entry in the log book was found available and the allegation could not be established. Accused Junior Engineers have engaged daily casual labourers through muster roll, their identity were certified by the JEs and in their presence physical payments were made by R.U. Barlaskar. Investigation reveals that the labourers were not from the given villages. It is revealed that accused Jayanta Thakuria, Gakul Bora, Anupam Nath, K.M. Brahma, N.I. Mazumdar and Rajkumar Thakur have stated that they have made payment to fake casual labourer and have put their LTIs. Positive opinions received as regards finger prints of Jayanta 5 Thakuria, Gakul Bora, Anupam Nath and K.M. Brahma on the muster rolls. The payment was made by R.U. Barlaskar on being identified by the accused Junior Engineers. Investigation revealed that from the muster rolls prepared by Jayanta Thakuria, Gakul Bora, Anupam Nath and K.M. Brahma an amount of Rs. 2307.50/-, 19523.50/-, 2201/- and 15,398.50/- respectively were shown in place of non existing casual labourers by putting their thumb impressions and the amounts siphoned off by the accused persons. R.U. Barlaskar had physically made payments to these non existing casual labourers in conspiracy with other 4 accused persons and thereby siphoned total amount of Rs. 39,430.50/- by resorting to forgery and impersonation. In due course on receipt of summons the accused persons appeared before the Court and the necessary documents were furnished to the accused. After hearing ld.