MERAJ YUSHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in Criminal Petition No.2116/2016 are accused Nos.2 and 3 and the petitioner in Criminal Petition No.2117/2016 is accused No.1 in Crime No.24/2014 (Special C.C.No.53/2016) registered for the offences punishable under Sections 379 , 409 & 420 r/w Section 120-B of IPC and Sections 21 and 23 r/w Section 4(1) , 4(1A) of Mines and Minerals (Development and Regulation) Act , 1957 (for short 'M.M.D.R. Act') and Rules 165 and 144 of the Karnataka Forest Rules, 1969.

(2.) The allegation made against the petitioners as per the charge sheet is that accused Nos.2 and 3, being the Managing Director / Director of accused No.1 Company, entered into a criminal conspiracy with accused No.4 and in furtherance thereof, between 01.01.2009 and 31.05.2010, purchased 56331 MT of iron ore in the name of accused No.1 - Company and out of the said quantity, illegally transported 48702 MT of iron ore to Belikeri port and sold the same within India and exported to other countries, without mineral dispatch permit and without payment of royalty and other charges to the concerned Departments and caused loss of Rs.6,07,56,027/- to the State Exchequer and thereby committed the aforesaid offences.

(3.) Learned Senior Counsel appearing for petitioners has raised the following contentions: