SHREE MALLIKARJUN SHIPPING PVT LTD KALPANA SAIL JT MANAGING DIRECTOR, KARWAR Vs. CENTRAL BUREAU OF INVESTIGATION ANTI CORRUPTION BRANCH, BENGALURU

JUDGEMENT

(1.) Crl.P. No.368/2017 c/w. Crl.P.Nos.369/2017, 370/2017, 371/2017, 372/2017 and 373/2017 M/s.Shree Mallikarjun Shipping Pvt. Ltd. and Sri.Satish Krishna Sail @ Satish Sail are the petitioners in this batch of petitions filed under section 482 of Cr.P.C., seeking to set-aside the impugned orders passed by the 32nd Addl. City Civil & Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCH-34) on the applications filed under Sections 227 and 239 Cr.P.C. seeking discharge.

(2.) Petitioners are ranked as accused Nos.2 and 3 in Spl.C.C.No.11/2014, accused Nos.4 and 5 in Spl.C.C.No. 15/2014, Spl.C.C.No.37/2014 and Spl.C.C.No.53/2014; accused Nos.5 and 6 in Spl.C.C.No.38/2014 and Spl.C.C.No.54/2014 respectively.

(3.) The brief facts of the case are that, the Hon'ble Supreme Court of India in Writ Petition (Civil) No.562/2009 in the case of SAMAJA PARIVARTHAN SAMUDAYA vs. STATE OF KARNATAKA & Others was pleased to constitute the Central Empowered Committee (hereinafter referred to as "CEC") and directed the CEC to conduct a detailed enquiry into the illegal mining carried out in the State of Karnataka and other places. The CEC submitted detailed reports dated 27.04.2012 and 05.09.2012. The Hon'ble Apex Court on considering both the reports, by its order dated 07.09.2012 directed the CBI to immediately institute FIR(s) and to investigate the case(s) relating to the illegal extraction of about 50.79 lakhs MT of Iron Ore from the forest areas of Karnataka during the period from 01.01.2009 to 31.05.2010; the illegal transport of the aforesaid quantity of iron ore from the area(s) of extraction to Belekeri Port and from there its illegal export to other countries. It was noted in the said order that out of the aforesaid quantity of 50.79 lakh MTs, over 8 lakhs MTs iron ore found lying at Belekeri Port was actually under orders of seizure by the Forest Department authorities and the Court before it was exported in violation not only of different laws but in the teeth of the seizure order. The CBI was directed to institute FIR(s) as suggested in sub-paragraphs (I) and (IV) at pages 12 and 14 respectively of the CEC report and carry out thorough and intensive investigation including, if so required, custodial interrogation of the accused. It was further directed that the copies of CEC reports shall form the basic material for institution of the FIR(s). Further the CID, Karnataka, investigating into FIR No.189/2010 of Ankola Police Station was directed to hand over all the records in regard to that case to the CBI.