BENGALURU: The Special Court for CBI cases rejected the discharge applications of five accused who were involved in illegal export of iron ore from Karwar’s Belekeri port to China.
The accused are Mahesh J Biliye, Deputy Conservator, Inland Water Transport Department, Government of Karnataka, Karwar, Chetan Shah, Managing Director, M/s Ashapura Minechem Ltd, Mumbai, M/s Shree Mallikarjun Shipping Pvt Ltd, Goa, and its Managing Director Satish Krishna Sail.
After hearing the applications filed by the accused seeking to be discharged from the case and the taking note of the objection filed by Central Bureau of Investigation (CBI), Special Judge for CBI cases, Pradeep S Balikai rejected all the applications recently.
The CBI had filed chargesheet against the accused on December 31, 2013 for the charges punishable under Section 120(B) read with Sections 409, 420 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act.
During the year 2009-10, 88 lakh metric tons of iron ore was exported from Belekeri port to China. During the period, permits were issued by the Department of Mines and Geology (DMG) for transporting only 38 lakh metric tons of iron ore and was found that about 58 lakh metric tons were exported from the port without valid permission issued by the department.
Based on the petition filed by Samaj Parivartan Samudaya, the Supreme Court ordered a CBI investigation into the illegal export of iron ore. “At the stage of framing charges, this court is not required to make a roving enquiry into the pros and cons of the matter so as to find out whether the material on record would be sufficient to record conviction against the accused. At the stage of framing charge, the court is not expected to hold a mini trial of the case. The material placed before the court by the CBI discloses grave suspicion against the accused,” the judge noted.
The judge further said that the material placed before the court prima facie shows the complicity of all the accused in committing the offences they are alleged to have committed. The counsel representing the accused have not been able to negate the allegations supported by prima facie material. There is prima facie material to justify the allegations against all the accused. Therefore, the discharge applications are rejected, the judge said.