ILC INDUSTRIES LTD. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These three petitions are arising out of Crime No.17/2015 (Spl. C.C. No.469/2016) on the file of XXIII Addl. City Civil and S.J. and Spl. Judge for Lokayukta cases at Bangalore. Petitioners in Crl.P. No.9289/2016 are accused Nos.1 to 3, petitioners in Crl.P. No.9287/2016 and 9288/2016 are accused Nos.4 and 5 respectively.

(2.) The allegations made against the petitioners in the charge sheet are that accused No.1 M/s. ILC Industries Limited sold 6002 MTs of iron ore to M/s. Priyanka Agencies. M/s. Priyanka Agencies, in turn sold the said iron ore to M/s.Amalgiris who in turn sold the same to M/s.Pearl International. According to the prosecution, the petitioners-accused failed to produce invoices or permits relating to the sale and transportation of the said iron ore from S.B. Minerals to Belekeri port, and thus caused a total loss of Rs.72,42,658/- to the State exchequer and thereby, committed the offences punishable under sections 379 , 409 and 420 read with 120-B of IPC and Sections 21 and 23 read with 4(1)(A) of the Mines and Minerals (Development and Regulation) Act , 1957 and Rule 165 read with Rule 144 of the Karnataka forest Rules, 1969.

(3.) 1. The contention of the learned Counsel for the petitioners is that the allegations made in the charge sheet are vague and are not supported by any material; there is no evidence to show the date of sale of iron ore to M/s.Priyanka Agencies; M/s.Priyanka Agencies has not been made as the accused; Accused No.1 is not required to furnish invoices or permits relating to the sale made in favour of M/s.Priyanka Agencies. Mere failure to furnish invoices or permits do not make out the alleged offences.