BINOD KUMAR CHOUDARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This revision petition is filed by accused Nos.2 and 3 against the rejection of discharge application passed in Spl.C.C.No.41/2016 dtd. 2/3/2023.

(2.) The factual matrix of the case of the prosecution is that in pursuance to the order passed by the Apex Court on I.A.No.189 filed in W.P.No.562/2009 vide order dtd. 16/9/2013 with regard to illegal mining and export of iron ore from Belikere Port from 1/1/2009 to 31/5/2010 by various companies, the CBI on investigation had filed a preliminary enquiry report based on which the Apex Court had directed in its order dtd. 16/9/2013 that any iron ore which was exported from Belikere Port area by any company within the check period of 1/1/2009 to 31/5/2010 in which if the export is less than 50,000 metric ton by any company/persons as against which an enquiry to be conducted by the CBI who in turn had directed the Karnataka State Government to conduct an enquiry and permitted the CBI to register criminal case against those exporters who were enquired into the preliminary enquiry and who had exported iron ore of more than 50,000/- MT without valid permits and as recommended by the Central Empowered Committee in its report dtd. 5/9/2012 and certain directions were given. As per the order of the Apex Court, the State Government vide order dtd. 22/11/2013 bearing No.CI/282/ MM011(P) had directed the complainant/respondent herein to conduct an enquiry and vide order dtd. 24/1/2014 bearing No.CRCE 10 Soloyu 2014, Bengaluru had directed for establishing a Special Investigation Team (SIT) and vide order dtd. 29/5/2014 bearing No.HD/129/POP/2014 had directed the SIT to be constructed as a police station.

(3.) It was alleged against these petitioners that they had conducted trading of iron ore between the check period of 1/1/2009 and 31/2/2010 from Bellary and Chitradurga District and was exported through Belikere port to an extent of 1,04,070 metric ton was exported and out of which 21,585.210 metric tons of iron ore was dispatched without obtaining Mineral Dispatch permit from the Forest Department or the Department of Mines and Geology. Hence, the petitioners were arrayed as accused since the export of iron ore without obtaining mineral dispatch permit had caused loss to the State exchequer. It is also alleged that the petitioners had involved with the officials and by conducting theft of iron ore had caused loss to the State exchequer. Based on the same, a crime was registered in Crime No.5/2014 dtd. 11/7/2014 and investigation was completed and charge-sheet was filed for the offences punishable under Ss. 379, 409, 420 read with Sec. 120B of IPC and Ss. 21 and 23 read with 4(1) and 4(1)(a) of the Mines and Minerals (Development and Regulation) Act, 1957 ('MMDR Act' for short) and Rule 165 read with 144 of the Karnataka Forest Rules, 1969. It is also contended that the primary allegation as against the petitioners is that the company had purchased iron ore and the said purchase was done without the permit from the Department of Mines and Geology and caused loss to the State exchequer. Hence, charge-sheet was filed and an application was filed before the Trial Court for discharge and the same was rejected.