PANAJI
In a major embarrassment for the Economic Offences Cell officer probing the Goa Cricket Association case, the Judicial Magistrate First Class Panaji, Vijaylaxmi Shivolkar reprimanded PSI Prasanna Bhagat for his faulty submission before the Court while seeking just one day police remand of GCA president Chetan Desai, secretary Vinod Phadke and treasurer Akbar Mulla accused of misappropriating funds.
She stated that the investigating officer should be taken to task for his faulty submission which led to grant of only one day police custody after the trio were arrested.
"At the time of the first remand, the IO produced the accused at around 4.45 pm and when asked for the grounds, he only mentioned the need to secure the minutes book of GCA. Hence, only one day remand was granted. However, it is only now through the PP that the Court has found out about more grounds and the larger part of investigation," she said adding that IOs should ask PPs to accompany them if they are ill-equipped.
JMFC, meanwhile extended the police custody of Chetan Desai, Vinod Phadke and Akbar Mulla by four days.
The trio were arrested on June 15 by the EOC of Goa Police acting on complaint filed on May 13 by Vilas Desai, a life member of GCA. They will now be presented before the Court on Wednesday evening, when their bail applications are also likely to come up.
In their say, the police listed as the grounds for further remand.
Arguing for a full seven-day custody, Public Prosecutor Poonam Bharne sought to bring to the Court's notice why the investigating officer had been caught up in the Court on almost every day of the five-day remand so far.
Claiming to have evidence, PP Bharne stated, "The accused misused their position at GCA and the then manager of DCB has confirmed their identity. Besides, how can the then secretary not have the minutes book of 2007-08? Inquiry into this aspect along with others needs to be conducted in the preliminary stages."
Arguing on the bail applications submitted by the accused, Adv Subodh Kantak and Adv S Bhobe pointed out that all three office bearers have cooperated with the probe since the first day.
"Enquiries were made within GCA after Hemant Angle submitted the affidavit. It was found that the account at DCB was not an official one and that the transaction of Rs 2.87 crore never took place according to GCA records," Adv Kantak stated.
He further cast a shadow of doubt on the role played by life member Hemant Angle and also the then DCB manager Lalita Kakodkar in the probe.
He said that the probability of the cheque of Rs 2.87 crore being mentioned in the minutes book is low as "the cheque was taken out and out and never came into GCA accounts".
The two defence lawyers sought to question how Angle managed to get true copies of the minutes book and bank transactions of the illegal account, which were attached to the affidavit he submitted before the SC. They also demanded to know how Angle knew about the account.
DCB was also chastised by the defence for displaying scant concern when the entire amount was being withdrawn in huge sums through shady cheques and it was pointed out that the said account was closed on March 29, 2008, two days before the closure of the financial year.
JMFC, Panaji also took up the intervention applications filed by complainant Vilas Desai, former treasurer Prasad Fatarpekar and life member Hemant Angle. While Desai's application was allowed, the other two were dismissed.
