STATE OF KARNATAKA Vs. PORT CONSERVATOR BELEKERI PORT

JUDGEMENT

(1.) Crl.P.No.100029/2023 is filed by the State challenging the order dtd. 5/10/2020, passed by JMFC Ankola, rejecting the application filed by the State for interim release/disposal of the seized iron ore in Ankola PS Cr.No.17/2009 -10.

(2.) In W.P.No.105060/2024, petitioner who is applicant No.4 before the trial Court, has challenged the order dtd. 23/9/2023 passed by the same court rejecting the application filed by it and others under Sec. 451 r/w 457 Cr.P.C., seeking release of 48,917.48 metric tonnes of iron ore in stack Nos.M.C-9 and M.C-11 in the same crime number.

(3.) Though these two petitions are arising out of two different orders, they relates to the same subject matter. While the State is seeking interim relief in respect of the entire stock of iron ore seized at Belekeri port premises, writ petitioner is seeking the said relief in respect of stack Nos.M.C-9 and M.C-11, totally measuring 48,917.48 metric tonnes. Therefore, these two petitions involve common issues and common discussion and as such they are clubbed together and disposed of by a common order.