JOIN USSC allows criminal proceedings over illegal export of iron ore from Karnataka
The Supreme Court on Monday dismissed a plea by Pradeep S Wodeyar, Managing Director of Canara Overseas Limited against criminal proceedings initiated against him and others for alleged illegal export of iron ore from Belekere port in Karnataka in 2009-10, causing a loss of Rs 3.27 crore to the 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, which said 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.
"It is a settled principle of law that cognisance is taken of the offence and not the offender. However, the cognisance order indicates that the Special Judge has perused all the relevant material. The change in the form of the order would not alter its effect. Therefore, no 'failure of justice‘ under Section 465 CrPC is proved. This irregularity would thus not vitiate the proceedings," the bench said.
The court also said there was no express provision in the MMDR Act which barred the Special Judge to conduct joint trial in such cases.
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.
An FIR was filed on October 9, 2014, naming G Lakshminarayan Gubba, Managing Director, Canara Overseas Private Limited; Canara Overseas Private Limited; K Ramappa, owner of M/s Mineral Miners and Traders; and unknown government officials and private persons.
A charge sheet was filed on December 17, 2015 against Canara Overseas Limited represented by Wodeyar, Managing Director, Gubba; Ramappa; Smt Shanthalakshmi Jayaram and J Mithileshwar.
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