H. SAJJAD WAHAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is accused in crime No.6/2015 (Special CC No.463/2016) on the file of XXIII Additional City Civil and Sessions Judge and Special Judge for Lokayukta cases at Bangalore.

(2.) The material allegations leveled in the charge sheet are that the petitioner-accused No.6 as the Managing Partner of M/s. Suhana Minerals, Hospet, purchased total quantity of 33000 of MTs of iron ore in Belikeri port area and out of this quantity, 2214.52 MTs iron ore was purchased through M/s. Akshata Minerals, 2230.96 MTs from M/s. VKL Enterprises and regarding these transactions, no permits were secured and no transportation details or invoices were obtained by the petitioner.

(3.) 3.1. The contention of the learned Counsel for the petitioner is that as per the allegations made in the charge sheet, the purchase had taken place within the Port premises and therefore, the question of obtaining the permit does not arise; MMDR Act or any other statute does not cast obligation on the purchaser to obtain prior permit and therefore, the allegations made against the petitioner do not constitute the ingredients of the offences under the provisions of the MMDR Act.