Illegal ore export: SC nod for case against mining firm MD

The Supreme Court on Monday dismissed a plea by Pradeep S Wodeyar, Managing Director of Canara Overseas Limited challenging criminal proceedings initiated against him and others for alleged illegal export of iron ore from Belekere port in Karnataka in 2009-10, causing loss to the tune of Rs 3.27 crore to exchequer.

A bench of Justices D Y Chandrachud, Vikram Nath and B V Nagarathna found no merit in appeals filed by Wodeyar against the high court's order of November 12, 2020, which had dismissed his plea for quashing of the proceedings.

The top court rejected the plea by the appellant that he could not be charged with the offence under the Mines and Minerals (Development and Regulation) (MMDR) Act and the charge sheet also did not ascribe any role to him.

"Whether the individual was in-charge of and responsible for the affairs of the company during the commission of the offence is a matter of trial. Moreover, it is evident that the charge sheet, as a matter of fact, ascribes a role to the appellant for the payment of transportation. Therefore, there is a prima facie case against him which is sufficient to arraign him as an accused at this stage," the bench said.

The top court, however, said the order of the special judge passed on December 30, 2015 - taking cognisance of the offence under MMDR Act - was irregular in absence of a specific provision but this would not vitiate the proceedings.

It also pointed out the cognisance order was challenged by the appellant two years after without giving any reason to explain the inordinate delay.

The Lokayukta police was entrusted to investigate the matter in November, 2013 after an order by the Supreme Court in a PIL filed by NGO Samaj Parivartan Samudaya.

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