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15.45 During investigation the role of Public Servant was not surfaced in the Criminal Act. The lapses on the part of Public Servants are of common in nature and used to be looked in to ground realities.

15.46 Investigation revealed that it is the responsibility of M/s MSPL (A-1), who purchased 7945.25 MTs of iron ore (without DMG permits) from various suppliers i.e. M/s Amalagiris (A-8) and others on board at Belekeri Port to verify the records and to ascertain the genuineness whether the suppliers/traders procured iron ore with valid documents from the genuine persons as per the conditions imposed by them in purchase order under clause-7 of contract agreement. But in this case, M/s MSPL (A-1) failed to verify the source of procurement by the suppliers/traders and also did not verify the valid documents of iron ore. They simply paid payment to the suppliers against the invoice raised by them. The mineral/iron ore are the national resources of the country. For any mining activity, license has to be obtained from the competent authority for excavation and transport. Failure to comply, this amounts to theft. In this instance case, the suppliers A-7 to A-18 had excavated the iron ore illegally and sold to the exporter M/s MSPL (A-1) without valid documents and thus, they had not only benefited themselves without paying royalty to the Govt. and also benefited M/s MSPL (A-1), exporter by way of sale of illegal iron ore.

15.47 Investigation revealed that M/s MSPL (A-1) represented by its Directors A-2 Narendra Kumar N Baldota, A-3 Rahul Kumar N Baldota, Director, A-4 Shrenik Kumar N Baldota, Director, A-5 R H Sawkar Director, A-6 M Ravindra with the criminal intention to cheat Govt. of Karnataka hatched in Hospet and other places of Karnataka during the period from 2009 to 2010 and in furtherance of the criminal conspiracy, they illegally procured 7945.25 MTs of iron ore without valid documents viz. DMG permit and trip sheets from M/s Amalagiris (A-8) represented by its Managing Partner Shri Philip Jacob (A-7) through Shri Dattareya Shetty of Mis Samrudhi Enterprises (A-9), Shri Mahesh Vinayak Raikar (A-10); Shri Harish Nayak (A-11), Shri Vishal Hegde of M/s Adarsh Associates (A-12). Shri Vishwanathan (A-13); Shri Vedamurthy (A-14) Partners of M/s Shivani Associates; M/s Shivani Associates (A-15) represented by A- 13 & A-14; Shri V Yerriswamy of Y Minerals (A-16), Shri Shyamraj Singh of SB Minerals (A-

(Emphasis added) The allegation is that it was the responsibility of the petitioner Company who purchased 7945.25 MTs of iron ore from various suppliers i.e., M/s Amalagiris and others at Belekeri Port to verify the records and to ascertain the genuineness whether the suppliers/ traders procured iron ore with valid documents from genuine persons as per conditions imposed by them in the purchase order under Clause 7 of the contract agreement. Causing wrongful loss to Government is not the allegation against these petitioners, but against others. The concerned Court takes cognizance of the offence against the petitioners by the following order: