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The High Court of Karnataka has rejected the plea of a number of accused individuals, together with a former MLA, a former deputy conservator of port, and administrators of personal firms, to discharge them from cases of illegal export of seized iron ore from Belekeri port in Karwar throughout 2009–10.
The courtroom rejected the petitions of Shree Mallikarjun Shipping Pvt. Ltd. and its managing director Satish Krishna Sail, a former MLA for Karwar; Shri Lal Mahal Ltd. and its administrators Prem Chand Garg and Sushil Kumar Valecha of New Delhi; and Mahesh J. Biliye, the then Deputy Conservator of Belekeri port (now retired).
Justice John Michael Cunha handed the order whereas upholding the orders handed by the Special Court for CBI cases throughout 2016–17. The Special Court had determined to body fees towards them whereas declining to discharge them from the cases, through which the Central Bureau of Investigation had filed chargesheets towards them after conducting the probe, ordered by the Supreme Court.
The High Court has held that the Special Court had adopted the process prescribed in legislation whereas dismissing their plea for discharge and deciding to body fees towards them.
Also, the High Court mentioned that the Special Court had rightly determined to body the fees of felony conspiracy towards Mr. Sail as there have been different supplies, which independently represent elements of the offences, out there towards him aside from his position as managing director of the corporate.
“The Special Court has considered these allegations in extenso and having found that the material produced by the prosecution prima facie make out the ingredients of offences under sections 120-B read with Sections 409 and 420 of IPC against petitioner number-2 [Mr. Sail] has proceeded to frame charges for the above offences. I do not find any error or infirmity in the orders warranting interference,” Mr. Justice Cunha noticed.
On the fees towards the previous deputy conservator port, the High Court mentioned that the paperwork clearly reveal that Mr. Biliye himself had allowed export of seized ore below his seal and signature. Also, the High Court declined to settle for his rivalry that he was completely unaware of the transaction and that he has been made a scapegoat by the forest officers to save themselves from the illegalities dedicated by them in effecting seizure of the ore.
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