show that the
petitioners assisted the transportation of the alleged iron ore and
therefore, the charges leveled against the petitioners being false
and baseless ... iron ore and therefore, the prosecution of petitioner
No.1 / accused No.27 is wholly illegal and amounts to abuse of
process of court.
Petitioner
SMSPL (A-4) also purchased 1251.99 MT
of iron ore from M/s. Sri Lakshmi Venkateshwara
Minerals (A-2) and sold to M/s. Dream ... Belekeri port.
12. After the seizure and during the process
of sale of the iron ore, Sri.K. Mahesh Kumar (A-3),
Managing partner
Port area to other destination. In the said process,
they have committed theft of the iron ore while transporting the
same. Therefore, they have committed
which are public documents;
the allegations as to clandestine sale of iron
ore by the petitioners avoiding the payment of
royalty and sales tax falls ... upon which the court has taken cognizance of
the offences and issued process to the
petitioners, the Department of Steel and
Mines, Government of Odisha
Karnataka Forest
Rules, 1969 also are baseless and amount to abuse of process of
court.
3(iv) Lastly, it is contended that the charge sheet ... allegations that the petitioners
were involved in purchase and exportation of iron ore. Under
the said circumstances, the allegations made against the
petitioners clearly fall
based on
the above allegations is illegal and utter abuse of the
process of the Court.
4. Further, referring to the statement ... there are no
allegations that the petitioners herein have extracted
the Iron Ore from any particular place or removed them
to any other places
charge sheet goes to show that the very
same quantity of iron ore was later sold by M/s. Greentech
Mining Industries ... would submit
that the petitioner having illegally transported 2000 MT of
iron ore from the stock yard of Ashwath Naryana Singh to
Belekeri Port without
furtherance of the said
conspiracy, purchased 7000 Metric tons of Iron Ore,
which in turn was sold by him, by fabricating false
documents without valid ... Court was justified in
taking cognizance of the alleged offences and issuing
process to the petitioner.
5
6. As a result, I do not find
undersigned are lease owner of
Associated Mining Company of Guru Iron
Ore Mines at Venkatagiri Village, Sandur
Taluk, Bellary Dist, bearing ML No.2434 ... This is for your kind information.
Kindly issue permission to
transport the ore from Mines to various
destinations.
Thanking you,
Yours sincerely
B S Panduranga Singh vs State Of Karnataka on 12 November, 2020
Author: John Michael
