Mithi River Desilting Scam: Bombay HC Grants Bail To Virgo Specialties CEO Ketan Kadam, Cites Lack Of Prima Facie Evidence
· Free Press Journal
Mumbai, April 24: The Bombay High Court has granted bail to Ketan Kadam, CEO of Virgo Specialities, in connection with the alleged Mithi River desilting scam, observing that the material on record does not prima facie support the accusations against him.
Court observations on evidence
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Justice RM Joshi, on April 22, noted that while serious allegations of financial irregularities and fraud have been levelled in the case, the evidence placed on record does not substantiate the specific role attributed to Kadam.
Last year, the Economic Offences Wing (EOW) initiated an investigation into alleged irregularities in the desilting project undertaken by the Brihanmumbai Municipal Corporation (BMC).
Allegations in desilting project
According to the prosecution, several contractors submitted forged memoranda of understanding (MoUs) and fabricated documents, including land records and no-objection certificates, to falsely show designated dumping sites.
It was alleged that no silt was actually dumped at these locations and that public funds running into crores were siphoned off through such arrangements.
Kadam, representing his company, was accused of entering into MoUs with contractors for supplying machinery for the desilting work, despite allegedly not procuring the equipment and receiving payments dishonestly. The prosecution further claimed there was collusion between contractors, company representatives, and certain civic officials.
The prosecution opposed the bail, arguing that a “huge amount has been misappropriated” and that contractors were compelled to avail services from companies linked to the applicant. It also distinguished Kadam’s case from that of a co-accused who had been granted bail earlier, pointing out that Kadam was a signatory to key documents.
Defence arguments find favour
However, the court found merit in the defence submissions. “Prima facie, perusal of the record… indicates that the applicant or companies represented by him were not allotted with the contract of desilting work,” the court observed. It further noted that municipal authorities had permitted contractors to engage third parties for machinery.
Importantly, the court recorded that there was “documentary evidence… showing procurement of these two machines” and that civic officials had inspected and certified the work. “This Court finds substance in the contention of the applicant that the documents on record do not support the allegations,” the judge said.
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Considering that the chargesheet has already been filed and Kadam has no criminal antecedents, the court held that continued custody would amount to “pre-trial punishment”.
Justice Jishi granted him bail on furnishing a personal bond of Rs 30,000 with sureties, and directed to attend trial court proceedings regularly.
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