ILC INDUSTRIES LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by accused Nos.2 and 3 in Spl.C.C.No.37/2014 arising out of RC No.17(A)/2012 seeking to set aside the order dated 19.11.2016 passed by the learned XXXII Addl. City Civil & Sessions Judge and Special Judge for CBI Cases at Bangalore (CCH.No.34) rejecting the application filed by petitioners under sections 239 read with 227 of Cr.P.C.

(2.) The material allegations leveled against the petitioners as per the charge sheet are that while FOC Case No.17/2009-10 was under investigation, all the accused persons entered into a criminal conspiracy among themselves and in furtherance of that conspiracy, accused No.2 exported the seized iron ore to China. It is alleged that heap Nos.13 and 14 belonging to accused No.2 was stocked in the plot belonging to accused No.4. It was a seized material. It is further alleged by filing WP No.14551/2010, accused No.2 deliberately misled the Hon'ble High Court by informing the High Court that the iron ore was yet to be loaded in vessels MV Prem Vidya and MV Raazi for export, although the said 2 vessels had already loaded with the cargo and already sailed. The further allegation is that in order to take the port clearances, accused No.1 took bribe of Rs.2,500/- each from the representatives of M/s. Taurus Shipping Pvt. Ltd. and thus accused No.2 obtained port clearances in connivance with accused No.1. The application filed by the petitioners seeking their discharge under Sections 239 read with 227 of Cr.P.C . has been rejected by the impugned order dated 19.11.2016.

(3.) In the course of arguments, the learned counsel for petitioners- Sri. Ravi L. Vaidya has primarily raised two fold contentions. First, the proceedings having been initiated against the petitioners based on the second FIR, the entire proceedings are vitiated. Second, the seizure of the alleged iron ore by the forest officials in FOC 17/09-10 is without jurisdiction and therefore the subsequent registration of the FIR in RC 17(A)/2012 and the consequent proceedings pending on the file of the learned Special Judge including the order of framing charge are illegal and without jurisdiction and amounts to abuse of process of Court.