Accused can’t be convicted for charge which is not framed by trial court, says Karnataka HC - Business Guardian
Connect with us

Uncategorized

Accused can’t be convicted for charge which is not framed by trial court, says Karnataka HC

It is worth mentioning that the Bench then observes in para 23 that, ‘Having heard the respective counsel and also on perusal of the material available before the court, the trial court imposed a fine of Rs 4,000 each and accordingly, accused No.1 deposited the fine amount and whether the accused No.2, the revision petitioner herein, has deposited the amount or not is not forthcoming. Admittedly, this petitioner has also not challenged the same in any appeal before the Appellate Court i.e., the sentence of fine imposed by the trial court’

Published

1:10 am IST

on

While fully, firmly and finally espousing the legal right of the accused, the Karnataka High Court in an extremely learned, laudable, landmark and latest judgment titled M Ajithkumar vs The State By Food Inspector, Koppa in Criminal Revision Petition No. 1527/2016 and cited in 2022 LiveLaw (Kar) 234 that was pronounced finally on June 24, 2022 has set aside the conviction that was handed down under the Prevention of Food Adulteration Act by the Trial Court for a charge which it did not frame against the accused and remanded the matter back to be considered afresh. A Single Judge Bench of Justice HP Sandesh while allowing the petition filed by one M Ajithkumar said that, “There is a glaring error on the part of the Trial Court since charge has been framed for Section 7(1) of the Act and conviction and sentence is passed for the violation of Section 7(2) of the Act. The Appellate Court also failed to take note of this aspect into consideration and concentrated mainly on the minimum sentence.” We thus see that the Karnataka High Court very rightly sets aside the conviction and sentence order passed by the court below.

To start with, this refreshing, remarkable, robust and rational judgment authored by a Single Judge Bench of Hon’ble Mr Justice HP Sandesh sets the ball rolling by first and foremost putting forth in para 1 that, “This criminal revision petition is filed under Section 397 of the Code of Criminal Procedure, 1973 praying this Court to set aside the judgment passed by the Civil Judge and JMFC, Koppa dated 24.04.2013 in C.C.No.451/2008 and also set aside the judgment dated 09.11.2016 passed in Crl.A.No.233/2013 by the Principal District and Sessions Judge, Chikkamagaluru and acquit the revision petitioner for the offences alleged against him and grant such other relief as deems fit in the circumstances of the case.”

While elaborating on prosecution case, the Bench then states in para 2 that, “The factual matrix of the case of the prosecution is that the Food Inspector, Koppa has visited the shop belonging to the accused No.1-M. Umar on 16.02.2008 situate at Koppa and inspected the food articles and examined 20 packs each containing 200 miligrams of sungift refined cooking oil and found that there is adulteration in the said oil and noticed that the said oil was supplied by the revision petitioner and filed the complaint against the accused persons stating that they have violated Section 7(2) of the Prevention of Food Adulteration Act, 1954 (‘the Act’ for short) and thereby committed the offence punishable under Section 16(a)(i) of the said Act.”

Needless to say, the Bench then specifies in para 3 that, “Based on the complaint, cognizance was taken against this revision petitioner and accused No.1 and both of them not pleaded guilty. Hence, the prosecution, in order to prove their case, examined P.Ws.1 to 4 and relied upon the documents Exs.P1 to P13(a) and two memo of objects were marked as M.Os.1 and 2 containing sungift refined cooking oil.”

To put things in perspective, the Bench then envisages in para 4 that, “The Trial Court, after considering both oral and documentary evidence placed on record, convicted both the accused and imposed sentence of fine of Rs.4,000/- each, failing which they are liable to serve the sentence of simple imprisonment for seven months. The accused No.1 paid the fine amount and the prosecution also challenged the inadequate sentence and filed appeal in Criminal Appeal No.233/2013 and the First Appellate Court reversed the judgment of the Trial Court and imposed sentence of six months vide judgment dated 09.11.2016. Hence, the revision petitioner-accused No.2 has filed this revision petition.”

As we see, the Bench then stipulates in para 22 that, “Having heard the respective counsel and also on perusal of the material on record, the points that would arise for consideration of this Court are:

(i) Whether the revision petitioner has made out a ground to exercise the revisional jurisdiction to set aside the orders passed by the Trial Court as well as the First Appellate Court?

(ii) What order?”

Point No.(i)

It is worth mentioning that the Bench then observes in para 23 that, “Having heard the respective counsel and also on perusal of the material available before the Court, the Trial Court imposed fine of Rs.4,000/- each and accordingly, accused No.1 deposited the fine amount and whether the accused No.2, the revision petitioner herein has deposited the amount or not is not forthcoming. Admittedly, this petitioner has also not challenged the same in any appeal before the Appellate Court i.e., the sentence of fine imposed by the Trial Court. However, the State has filed an appeal before the First Appellate Court on the ground of inadequate sentence. Hence, the Appellate Court modified the sentence of simple imprisonment for a period of six months, instead of fine of Rs.4,000/-.”

No doubt, the Bench then rightly points out in para 24 that, “The first and the foremost contention of the learned counsel for the revision petitioner before this Court is that there was no adulteration and it was only a misbranding. The counsel also relied upon the document Ex.P10 i.e., the report received from the Divisional Public Analyst cum Regional Assistant Chemical Examiner, Mysuru Division, N.P.C. Hospital Compound, Nazarbad, Mysuru, wherein it is opined that the sample sent for analyst is not adulterated but, it is misbranded wide label-3(e) and the said report is given on 6th day of March, 2008. On perusal of the records of the Trial Court, it is seen that the charge was framed on 18th August, 2011 subsequent to receipt of the report. On perusal of the charges, it is seen that the trial Judge has framed the charge for the offence under Section 7 of the Act, particularly, Section 7(1) in respect of adulteration of food and Section 7(2) is in respect of misbranding food. The charge has been framed for the offence under Section 7(1) i.e., adulteration of food and that is not the case of the prosecution and the case of the prosecution is misbranding.”

Be it noted, the Bench then most commendably enunciates in para 25 that, “On perusal of the complaint which is dated 8th July 2008 particularly, page No.2 in the bottom, it is stated that the information given in the packet is erroneous and also referred that the report of the analyst is misbranded and categorically mentioned in page No.3 that there is violation of Section 7(2) of the Act, punishable under Section 16(a)(i) of the Act. However, the allegation against this petitioner is that he has not issued cash bill in terms of Section 14 of the Act and he had distributed the oil packet, wherein also specifically mentioned that the petitioner has violated Section 7(2) of the Act, punishable under Section 16(a)(i) of the Act. But, the trial Judge has framed the charge for the offence under Section 7(1) of the Act and not for the offence under Section 7(2) of the Act. It is also important to note that the complaint dated 8th day of July, 2008 is subsequent to the receipt of the report from the analyst which is marked as Ex.P10 which is dated 6th day of March, 2008. Hence, it is clear that the report is received on 6th day of March, 2008 and complaint is filed in the month of July i.e., 8th day of July, 2008 and inspite of it, though allegation is in respect of Section 7(2) of the Act, the Trial Court framed the charge for the offence under Section 7(1) of the Act. Hence, very framing of the charge itself is erroneous.”

Most forthrightly, the Bench then mandates in para 26 that, “It has to be noted that the trial Judge, even while passing the judgment invoked Section 7(2) of the Act punishable under Section 16(a)(i) of the Act and not altered the Section from 7(1) to 7(2) of the Act. It is also rightly pointed by the learned counsel for the revision petitioner that no notice was given to invoke Section 7(2) of the Act and though the same is noticed by the Trial Court, the charge has been framed for violation of Section 7(1) of the Act and punishment was provided for the violation of Section 7(2) of the Act. Hence, there is a glaring error on the part of the Trial Court since charge has been framed for Section 7(1) of the Act and conviction and sentence is passed for the violation of Section 7(2) of the Act. The Appellate Court also failed to take note of this aspect into consideration and concentrated mainly on the minimum sentence. Hence, the very judgment of the Trial Court as well as the First Appellate Court requires to be set aside on the ground that the charge has been framed for violation of Section 7(1) of the Act and conviction and sentence has been passed for violation of Section 7(2) of the Act.”

Most significantly, the Bench then holds in para 27 that, “The other contentions of the learned counsel for the revision petitioner are that, no authorization to file any complaint and the delegatee also cannot delegate the powers. He also would contend that no notification was produced regarding appointment of Food Inspector and the independent witnesses have not been examined. It is also his contention that non-furnishing of report of Public Analyst and misbranding of label does not require any opinion from the Public Analyst. When charge has not been properly framed and conviction and sentence is passed for in respect of violation under Section 7(2) of the Act, it is appropriate to set aside the judgments of both the Trial Court as well as the First Appellate Court by keeping open the other contentions of the learned counsel for the revision petitioner and remand the matter to the Trial Court for framing appropriate charges and consider the matter afresh. If need arises, the Trial Court shall also permit the prosecution as well as the revision petitioner to adduce evidence before the Trial Court since, proper charge has to be framed and an opportunity has to be given to the revision petitioner to meet the case of the prosecution and unless the charge is specific, meeting the case of the prosecution by the defence is also very difficult. Hence, the judgment and sentence passed by the Trial Court as well as the First Appellate Court is not legally sustainable in the eye of law and it requires fresh consideration. Accordingly, I answer point No.(i) as ‘affirmative’.”

Point No.(ii)

Finally and far most significantly, the Bench then concludes by holding in para 28 that, “In view of the discussions made above, I pass the following:

ORDER

(i) The criminal revision petition is allowed.

(ii) The judgment passed by the Civil Judge and JMFC, Koppa dated 24.04.2013 in C.C.No.451/2008 and the judgment passed by the Principal District and Sessions Judge, Chikkamagaluru dated 09.11.2016 in Crl.A.No.233/2013 are set aside. The matter is remanded to the Trial Court to consider the matter afresh in accordance with law within a period of six months, since the matter is of the year 2008.

(iii) The revision petitioner and the prosecution are directed to appear before the Trial Court on 25th July, 2022 without expecting any notice.

(iv) The respective parties are directed to assist the Trial Court in disposal of the case within the stipulated time.

(v) The Registry is directed to transmit the records forthwith to the concerned Court.”

In a nutshell, the Karnataka High Court has thus not left even a straw of doubt to make it indubitably clear that the accused can’t be convicted for a charge which is not framed by the Trial Court. It merits no reiteration that all the Courts must definitely pay heed to what the Karnataka High Court has held in this leading case. Of course, we thus see that the matter has been very rightly remanded to the Trial Court to consider the matter afresh in accordance with the law within a period of six months, since the matter is of the year 2008 as mentioned above. No denying it.

Be it noted, the Bench then most commendably enunciates in para 25 that, “On perusal of the complaint which is dated 8th July 2008 particularly, page No.2 in the bottom, it is stated that the information given in the packet is erroneous and also referred that the report of the analyst is misbranded and categorically mentioned in page No.3 that there is violation of Section 7(2) of the Act, punishable under Section 16(a)(i) of the Act. However, the allegation against this petitioner is that he has not issued cash bill in terms of Section 14 of the Act and he had distributed the oil packet, wherein also specifically mentioned that the petitioner has violated Section 7(2) of the Act, punishable under Section 16(a)(i) of the Act”.

Related Topics:

The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.

For the latest news Download The Daily Guardian App.

Uncategorized

BSF seizes gold biscuits at Indo-Bangladesh border, arrests Indian national

Published

4 months ago

on

May 17, 2024

By

Border Security Force (BSF) personnel apprehended an Indian national with gold biscuits in the Indo-Bangladesh border area following a tip-off. Acting on the intelligence received, troops from the Border Outpost (BOP) Hili-II of the 61 Battalion BSF under the Raiganj Sector of the North Bengal Frontier conducted an operation in the Dakshin Dinajpur district of West Bengal, resulting in the arrest of one Indian national identified as Jinnat Ali Mondal.

According to officials, Mondal was clandestinely carrying gold biscuits and was apprehended at the temporary fencing gate while attempting to cross from the village of Haripokhar, located ahead of the fence. During a thorough search conducted by the BSF, nine gold biscuits weighing a total of 1039.440 grams were recovered from Mondal’s possession. Subsequently, Mondal, along with the seized gold biscuits, was handed over to the Preventive Unit of Customs at Hili for further legal proceedings.

This incident is not the first of its kind in the region, as BSF troops had previously recovered four gold biscuits weighing 466.020 grams from the same area of BOP Hili on September 7, 2023, indicating the persistent nature of attempts to smuggle contraband across the border.

Meanwhile, in a separate operation conducted by the BSF’s Punjab frontier force on May 15, vigilant troops intercepted the movement of a drone ahead of the border fence in the Tarn Taran district. Following protocol, BSF personnel tracked the drone’s movement and sought to neutralize it. The suspected dropping zone was cordoned off, and an extensive search operation was launched. Subsequently, BSF troops successfully recovered a small drone with one packet of suspected heroin attached to it. The recovered packet, weighing approximately 550 grams, was wrapped in transparent adhesive tape, containing two smaller packets wrapped in yellow adhesive tape. Additionally, a ring made of nylon rope was found attached to the main packet. The recovered drone, identified as a DJI Mavic 3 Classic model manufactured in China, was found in a partially broken condition.

In a statement, the BSF commended the keen observation and timely reaction of its diligent troops on duty, which once again demonstrated their commitment to preventing the entry of narcotics through drones from across the border. These incidents highlight the multifaceted challenges faced by security forces in safeguarding India’s borders against illegal activities, including the smuggling of contraband such as gold and narcotics. Despite the vigilance and proactive measures adopted by security personnel, perpetrators continue to devise new methods to evade detection and circumvent border security measures.

Continue Reading

Legally Speaking

Supreme Court holds off on decision in Baba Ramdev contempt case

Published

4 months ago

on

May 15, 2024

By

The Supreme Court has deferred its decision on a contempt notice issued against yoga guru Ramdev, his associate Balkrishna, and their company Patanjali Ayurved in connection with a case involving misleading advertisements. The bench, comprising Justices Hima Kohli and Ahsanuddin Amanullah, stated, “Orders on the contempt notice issued to respondents 5 to 7 (Patanjali Ayurved Ltd, Balkrishna, and Ramdev) are reserved.” The Uttarakhand State Licensing Authority (SLA) informed the court that manufacturing licenses for 14 products of Patanjali Ayurved Ltd and Divya Pharmacy have been suspended immediately. The Supreme Court noted that the counsel representing the firm had requested time to submit an affidavit detailing the actions taken to retract the advertisements of Patanjali products and to recall the medicines.

Highlighting the importance of public awareness and responsible influence, the court emphasized that Baba Ramdev wields significant influence and should employ it responsibly. It awaits an affidavit from Patanjali outlining the measures implemented to withdraw the existing misleading advertisements of the company’s products, with instructions for submission within three weeks.

During the proceedings, Indian Medical Association (IMA) President R V Asokan extended an unconditional apology to the bench for remarks made against the top court in a recent interview with news agency PTI. Justice Kohli conveyed to Asokan that public figures cannot criticize the court in media interviews. However, the court indicated its disinclination to accept the apology affidavit submitted by the IMA president at present. In an earlier hearing on May 7, the apex court had denounced Asokan’s statements as “very, very unacceptable.” The court reiterated its stance that celebrities and social media influencers are equally liable for the products they endorse, warning that if such products are found to be misleading, they could face repercussions.

The case stems from a plea filed in 2022 by the IMA alleging a smear campaign by Patanjali against the Covid-19 vaccination drive and modern medical systems. As the legal proceedings unfold, the Supreme Court continues to emphasize the importance of accountability and responsible conduct in advertising and public discourse. The case underscores the need for stringent regulations to curb misleading advertisements and ensure consumer protection. With the demand for transparency and ethical practices on the rise, the judiciary plays a pivotal role in upholding standards of integrity in commercial communications.

As the court awaits the submission of the affidavit from Patanjali, stakeholders across industries are keenly observing the developments, anticipating their implications on advertising practices and regulatory enforcement in the country.

Continue Reading

Uncategorized

Vantage Markets & Cristina Gutierrez Honor Moms

Published

4 months ago

on

May 14, 2024

By

Gutierrez’s exceptional success in motorsport is rooted in her deep connection to her mother’s guidance, which she gratefully acknowledges as the foundation of her journey.

Vantage Markets, a prominent multi-asset broker, is joining in the celebration of Mother’s Day alongside NEOM McLaren Extreme E Driver, Cristina Gutierrez, emphasizing the significance of family support and values in her successful career. In an exclusive interview with Vantage, Gutierrez attributes her championship journey to the values instilled by her mother, highlighting perseverance, loyalty, and the importance of family as guiding principles. She reminisces about her first Dakar Rally experience in 2017, where her mother’s presence made the achievement particularly memorable for the entire family. Despite her remarkable achievements in motorsport, Gutierrez remains deeply connected to her mother’s guidance and wisdom, acknowledging her roots and expressing gratitude for the experiences life has offered her.

Vantage extends warm wishes to all mothers and their families on Mother’s Day, with Marc Despallieres, Chief Strategy and Trading Officer, emphasizing Gutierrez’s journey as a testament to maternal support and guidance. Vantage’s celebration follows their recent International Women’s Day campaign with Gutierrez, amplifying messages of empowerment and inclusion.

Vantage Markets, also known as Vantage, offers clients access to a diverse range of trading products, including Forex, Commodities, Indices, Shares, ETFs, and Bonds. With over 13 years of market experience, Vantage provides a trusted trading ecosystem and user-friendly platforms, empowering clients to seize trading opportunities.

As Vantage continues to champion diversity and inclusion, they proudly support Gutierrez and mothers worldwide, recognizing the invaluable role of family support in personal and professional success. This heartfelt celebration underscores the enduring bond between mothers and their children, highlighting the influence of family values in shaping individuals’ lives and careers.

On this special occasion of Mother’s Day, Vantage Markets, in collaboration with NEOM McLaren Extreme E Driver Cristina Gutierrez, takes a moment to honor the profound impact of maternal support and guidance. Gutierrez’s journey to championship glory serves as a poignant reminder of the role mothers play in shaping their children’s destinies. As Gutierrez reflects on her achievements, she attributes much of her success to the core values instilled by her mother: perseverance, loyalty, and the importance of family. These principles have not only propelled her forward on the racetrack but have also guided her through life’s challenges.

One particularly memorable moment Gutierrez shares is her first Dakar Rally experience in 2017, where her mother’s presence made the triumph all the more meaningful. The shared joy of accomplishment underscored the tight-knit bond that exists within their family, leaving an indelible mark on Gutierrez’s heart. Despite her ascent to motorsport stardom, Gutierrez remains grounded in her roots, cherishing the wisdom and guidance passed down by her mother. She expresses gratitude for the lessons learned and the unwavering support that continues to fuel her journey.

Vantage Markets extends heartfelt wishes to all mothers and their families, recognizing the immeasurable contributions they make every day. Chief Strategy and Trading Officer Marc Despallieres emphasizes Gutierrez’s story as a testament to maternal love and encouragement, echoing sentiments of empowerment and inclusion.

Continue Reading

International Affairs

Japan’s Teleworking shrinks, Hybrid work surges: Govt. survey

Published

4 months ago

on

May 13, 2024

By

With the gradual decline of the COVID-19 pandemic, Japan is observing a significant change in work dynamics, as more people adopt a “hybrid work” approach, blending remote and in-office work. Insights from the fiscal 2023 government survey, administered by the transport ministry in October and November, illuminate the shifting teleworking landscape in the nation.

According to the survey results, the proportion of teleworkers in Japan has declined, with 16.1 percent of the 36,228 respondents reporting working from home or elsewhere outside the office in the last year. This represents a decrease of 2.7 percentage points from the previous survey. The decline marks a departure from the peak teleworking period during the height of the pandemic, reflecting a gradual return to pre-pandemic work arrangements.

Teleworking emerged as a prominent strategy during the pandemic, as the government sought to reduce the flow of people and curb the spread of infections. However, the survey highlights a discernible shift in this trend as the pandemic situation evolves. The ratio of teleworkers stood at 21.4 percent in the fiscal 2021 survey, declining to 18.8 percent the following year, and further dropping to 16.1 percent in fiscal 2023.

Despite the decrease in teleworking overall, the survey indicates that the average frequency of teleworking remains relatively stable, with individuals teleworking an average of 2.3 days per week, unchanged from the previous year. However, there has been a noticeable change in the distribution of teleworking frequency. Following the government’s decision to downgrade the legal status of COVID-19 in May last year, aligning it more closely with seasonal influenza, there has been a notable increase in the number of individuals working remotely for one or two days a week. Conversely, the proportion of those working remotely for five to seven days a week has decreased.

A ministry official attributed this shift to a growing trend of combining office-based work with telework, reflecting a broader adaptation to changing work dynamics in the post-pandemic era. This hybrid work model allows individuals to enjoy the benefits of both remote work, such as flexibility and reduced commuting time, and in-office collaboration and social interaction.

The survey also highlights regional variations in teleworking rates, with bigger cities exhibiting higher rates of remote work. For instance, the greater Tokyo area, including Tokyo and its surrounding prefectures, recorded a teleworking rate of 28 percent, indicating a strong prevalence of remote work practices in Japan’s bustling capital. In comparison, regions such as the Kinki region (covering Osaka and Kyoto) and the Chukyo region (centered on Nagoya) reported lower teleworking rates.

Overall, the findings of the fiscal 2023 government survey underscore the evolving nature of work arrangements in Japan, characterized by a shift towards hybrid work models that blend remote work with traditional office-based work. As organizations and individuals continue to adapt to the post-pandemic reality, flexible work arrangements are likely to remain a key feature of Japan’s work culture, promoting efficiency, resilience, and work-life balance in the years to come.

Continue Reading

Uncategorized

Global light show: Solar storm wows, no major issues reported

Published

4 months ago

on

May 13, 2024

By

A potent solar storm treated observers to a stunning celestial display worldwide overnight, resulting in seemingly minor disruptions to the electrical grid, communication networks, and satellite positioning systems. The US National Oceanic and Atmospheric Administration (NOAA) said extreme geomagnetic storm conditions continued Saturday, and there were preliminary reports of power grid irregularities, degradation of high-frequency communications and global positioning systems. But the Federal Emergency Management Agency said that, so far, no FEMA region had reported any significant impact from the storms.

The US Department of Energy said Saturday it is not aware of any impact from the storms on electric customers. NOAA predicted that strong flares will continue through at least Sunday, and a spokeswoman said via email that the agency’s Space Weather Prediction Center had prepared well for the storm. Brilliant purple, green, yellow and pink hues of the Northern Lights were reported worldwide, with sightings in Germany, Switzerland, China, England, Spain and elsewhere.

NOAA issued a rare severe geomagnetic storm warning when a solar outburst reached Earth on Friday afternoon, hours sooner than anticipated. The agency alerted operators of power plants and orbiting spacecraft, as well as FEMA, to take precautions. “For most people here on planet Earth, they won’t have to do anything,” said Rob Steenburgh, a scientist with NOAA’s Space Weather Prediction Center, as quoted by AP. “That’s really the gift from space weather: the aurora,” Steenburgh said.

He and his colleagues said the best views may come from phone cameras, which are better at capturing light than the naked eye. The most intense solar storm in recorded history, in 1859, prompted auroras in Central America and possibly even Hawaii. This storm poses a risk for high-voltage transmission lines for power grids, not the electrical lines ordinarily found in people’s homes, NOAA space weather forecaster Shawn Dahl told reporters. Satellites also could be affected, which in turn could disrupt navigation and communication services here on Earth.

An extreme geomanetic storm in 2003, for example, took out power in Sweden and damaged power transformers in South Africa. Following the storm’s passing, NOAA warns that signals between GPS satellites and ground receivers may experience interference or interruption. However, due to the abundance of navigation satellites, any disruptions are expected to be brief, as highlighted by Steenburgh.

Continue Reading

Uncategorized

March records 449 Infra projects with Rs 5.01 trillion cost overrun: MoSPI

Published

4 months ago

on

May 13, 2024

By

An official report revealed that in March 2024, a total of 449 infrastructure projects, each requiring an investment of Rs 150 crore or more, experienced a cost overrun exceeding Rs 5.01 trillion. The Ministry of Statistics and Programme Implementation (MoSPI), responsible for monitoring infrastructure projects valued at Rs 150 crore and higher, indicated that out of 1,873 projects surveyed, 449 encountered cost overruns while 779 projects faced delays.

“The total original cost of implementation of the 1,873 projects was Rs 26,87,535.69 crore and their anticipated completion cost is likely to be Rs 31,88,859.02 crore, which reflects an overall cost overrun of Rs 5,01,323.33 crore (18.65 per cent of the original cost),” the ministry’s latest report for March 2024 said.

According to the report, the expenditure incurred on these projects till March 2024 is Rs 17,11,648.99 crore, which is 53.68 per cent of the anticipated cost of the projects. However, the number of delayed projects decreased to 567 if the delay is calculated based on the latest schedule of completion, it added.

Further, it said that for 393 projects, neither the year of commissioning nor the tentative gestation period has been reported. Out of the 779 delayed projects, 202 have overall delays in the range of 1-12 months, 181 have been delayed for 13-24 months, 277 projects for 25-60 months, and 119 projects have been delayed for more than 60 months. The average time overrun in these 779 delayed projects is 36.04 months.

Reasons for time overrun, as reported by various project implementing agencies, include delay in land acquisition, obtaining forest and environment clearances, and lack of infrastructure support and linkages. Delays in tie-up for project financing, finalization of detailed engineering, change in scope, tendering, ordering, and equipment supply, and law and order problems are among other reasons.

The report also cited state-wise lockdowns due to Covid-19 (imposed in 2020 and 2021) as a reason for the delay in the implementation of these projects. It has also been observed that project executing agencies are not reporting revised cost estimates and commissioning schedules for many projects, which suggests that time/cost overrun figures are under-reported, it added.

Continue Reading

Trending