New Delhi, Nov 29, : Monday’s Supreme Court rescinded a petition filed by Canara Overseas Ltd’s Managing Director challenging criminal proceedings against him and others over alleged illegal exports of iron ore from Karnataka’s Belekere port.This allegedly resulted in a loss of Rs 3.27 Crore to the state exchequer. A bench of Justices D.Y.Chandrachud, Vikram Nagarathna and B.V.Nagarathna sat on a bench of Justices D.Y.
The top court had heard the Managing Director’s appeal against the Karnataka High Court’s November 12, 2020 order.It dismissed his request for quashing the proceedings.
The appellant argued that he could never be charged under the MMDR Act, and the charge sheet did not assign him any role.
In a 81-page decision, the bench stated that “The submissions made on behalf of appellant cannot be accepted.” It is up to the court to determine whether the conditions set forth in Section 23 of MMDR Act were fulfilled.It is also evident that the charge sheet assigns a role for payment of transportation to A-1 and A-2.A-1 is therefore prima facie a suspect, and he can be arraigned as an accused at this stage.
The court noted that the special judge does not have the power to take cognisance under the MMDR Act, absent a specific provision.It cannot also be committed to it by the magistrate pursuant to Section 209 CrPC.”The order of 30 December 2015 by the special judge taking cognizance is therefore irregular,” it stated, noting that the appellant had challenged the cognisance order after two-years, without explaining why.
The highest court stated that the special court had the power to take cognisance and conduct a joint trial together with other offences if permitted under Section 220 CrPC.The MMDR Act does not contain any express provision that indicates that Section 220 CrPC does no apply to proceedings under the MMDR Act.
It stated that the cognisance order indicated that the special judge has read all relevant material.”The order’s form will not be altered in any way.Accordingly, there is no ‘failure to justice’ under Section 465 CrPC.It stated that this irregularity would not affect the proceedings.”
K.Ramappa was the owner of Mineral Miners and Traders and an unknown government official and private person when an FIR was filed against him.The accused was charged in 2015.
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