Mumbai: The Special PMLA Court has refused to discharge M/s KS Chamankar Enterprises and its three partners booked for money laundering for their role in connection with alleged irregularities in awarding contracts for Maharashtra Sadan, RTO Construction and the SRA project.
The court said there is enough evidence to take action against them. After examining the case file and the documents submitted therewith, it is clear that there are sufficient grounds for proceedings against the applicants. Allegations raised by the applicants to clarify the matter The allegations are said to be the defense of the applicants. That can be considered at the time of full-fledged trial and not at this stage,” Special Judge AU Kadam said while refusing to discharge them. The evaluation of the material and documents on record and the facts emerging from them, even if taken at face value, reveal the existence of ingredients constituting the alleged offense,” the Court further added to.
Chamankar Enterprises and its three partners Krishna Shantaram Chamankar, Prashant Shantaram Chamankar and Prasanna Shantaram Chamankar were booked for irregularities in the contract for construction of Maharashtra Sadan in New Delhi, construction of RTO building in Tardeo and for SRA project in Kalina.
It was alleged that in lieu of the said contract, Chimankar had paid bribes to the family members of the then Maharashtra PWD Minister Chhagan Bhujbal. However, the special court had dismissed the company and its partners from the case filed by the Anti-Corruption Bureau, noting that there were no irregularities in the award of the contracts. Based on the said order, the company and its partners had moved the special court seeking dismissal in a money laundering case as they were discharged from the predicate offence. disposal.
Therefore, as per the aforesaid statement of law, the petitioners herein would not escape liability under PMLA. Their counsel Ish Jain had argued that the minister and the officials concerned had accepted the proposal to allow the applicant’s firm to acquire FSI/BUA of non-slum plot on a slum plot under the slum rehabilitation program by the applicant’s company appointed by the slum dwellers according to the rules and regulations. They also pointed out that no irregularities had been found in the awarding of other contracts. It was alleged that the special court had discharged the company and its partners from the business and therefore they should also be discharged from the money laundering case.
However, the prosecution objected to the case saying that even though they have been discharged by the special courts for predicate offences, the appeals against these orders are still pending in the Bombay High Court. The ED claimed that the investigation was initiated based on the Supreme Court’s order in a petition against Bhujbal. ED pointed out that ‘there are allegations that the applicants have submitted fake/fabricated financial statements to the Infrastructure Facilities Commission of the Government of Maharashtra to seek sanction in respect of the development of the RTO office, in respect of the development.
It is alleged that in lieu of the sanction of a development proposal, Shri Chhagan Bhujbal accepted money (kickbacks) through the firms of his relatives and employees. Moreover, ED alleged, ‘There are specific allegations that, through an elaborate conspiracy, the project of Maharashtra Sadan was given to M/s. KS Chamankar on a scale, contrary to the rules and regulations governing the matter. Total amount received by M/s. KS Chamankar Enterprises cost Rs.280.63 crores.”
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