TWENTY FIRST CENTURY WIRE RODS LTD; VINOD KUMAR GOEL; DARSHAN BHARAT CHURIWALA; GAURAV VINOD GOEL Vs. STATE

JUDGEMENT

(1.) Petitioners have filed these revision petitions under Section 397 of Cr.P.C.

(2.) Petitioners in Crl.R.P.No.186/16 are accused Nos.1 and 2 and petitioners in the connected petition Crl.R.P.No.187/16 are accused Nos.3 and 4 in criminal case registered by the CBI in FIR No.RC 25/E/2013- CBI/EOW/CHENNAI dated 14.01.2015. The said first information was registered pursuant to the direction given by the Hon'ble Apex Court in W.P.(C) No.562/2009 dated 07.09.2012, in the light of the large scale illegal execution and transportation and export of iron ore from Belekeri port. Hon'ble Apex Court had directed the CBI to institute FIR's and investigate the cases relating to the illegal extractions of about 50.79 lakh MT of iron ore during the period commencing from 01.01.2009 to 31.05.2010. It was noticed by the Hon'ble Apex Court that 50.79 lakh MT had been illegally exported outside the country and over 8 lakh MTs iron ore were found lying at Belekeri port at Karnataka and was actually under orders of seizure by the Forest Department Authorities.

(3.) The first accused is a limited Company incorporated under the provisions of Companies Act with accused Nos.2 to 4 as its Director. A preliminary report was prepared against first accused in regard to the illegal export of more than 1 lakh MT of iron ore. Preliminary report indicated that the first accused - Company had exported more than 1 lakh MT of iron ore out of India. On the basis of the preliminary report case came to be registered against the first accused and its Director and thorough investigation was conducted. After conducting investigation, the CBI as zeroed down the exact quantity of iron ore illegal exported to an extent of 42,606 MT only. In the charge sheet it is specifically mentioned that 62,634 MT were legally exported with valid permit. Ultimately, it is alleged that the first accused Company represented by its Director - accused Nos.2 to 4 had conspired amongst themselves and received from different mining companies a quantity of 42,606 MT of iron ore, knowing fully well that it was stolen iron ore.