Karnataka court sentences Congress MLA to 7 years in jail in six mining fraud cases of 2010, imposes fine of Rs 44 crore

Under Section 8 of the Representation of People Act, 1951, elected representatives basal disqualified for a play of six years for convictions of much than 2 years successful transgression cases.

The peculiar tribunal has sentenced Sail to 7 years of imprisonment connected charges of cheating nether Section 420 of the Indian Penal Code. The tribunal has besides sentenced him to 5 years of imprisonment connected charges of transgression conspiracy nether Section 120 B of the IPC successful each the six cases. A good magnitude of Rs 20,000 has been imposed connected each the accused successful each case.

Sail has besides been sentenced to 3 years of imprisonment connected charges of theft nether Section 379 of the IPC successful a mates of cases with a good of Rs 20,000.

The condemnation and sentencing connected Saturday by peculiar tribunal justice Santhosh Gajanan Bhat is the archetypal large result successful the proceedings of aggregate cases registered successful 2010 implicit the theft and amerciable exports of robust ore that was stored astatine the Belekeri port.

Sail was a businessman erstwhile the mining scam occurred and was aboriginal elected arsenic an Independent MLA from Karwar successful the 2013 authorities polls. He mislaid the 2018 polls and was elected successful 2023 connected a Congress ticket.

The Belekeri lawsuit was prosecuted by the CBI aft an archetypal probe by the Karnataka Lokayukta successful March 2010 recovered that astir 8 lakh tonne of robust ore was transported from Bellary to the Belekeri larboard adjacent Karwar successful Karnataka without mining, wood oregon transport permits.

The stolen robust ore is alleged to person been exported illegally done a conspiracy involving past lawman conservator of the larboard Mahesh Biliye and stevedore agencies astatine the larboard similar the Mallikarjun Shipping Company owned by Sail.

Apart from Sail, Biliye and the Mallikarjun Shipping Company – 9 others, including owners of robust ore export companies and the firms person been convicted and sentenced successful the cases.

The tribunal has imposed fines of implicit Rs 9 crore successful 4 of the six cases, Rs six crore successful 1 lawsuit and Rs 90,000 successful another. The heaviest magnitude of Rs 9.52 crore was imposed for cheating involving exports by a steadfast called Swastik Steel from Hospet successful the erstwhile Bellary district.

“The accused No. 1 Sri. Mahesh J.Biliye, accused No.2 M/s.Swastik Steels (Hospet) Pvt Ltd., accused No.3 Sri K.V.Nagaraj @ Swastik Nagaraj, accused No.4 K.V.N.Govindraj, accused No.5 M/s.Sri Mallikarjuna Shipping Pvt Ltd., accused No.6 Sri Satish Krishna Sail are hereby convicted for the offence punishable nether Section 420 of IPC and accused No. 1, 3, 5 and 6 are sentenced to acquisition a Rigorous Imprisonment for a play of Seven years and imposed with a good of Rs.9,52,43,000/- Crores (Rupees Nine crores, 50 2 lakhs, Forty Three 1000 Only) to beryllium paid jointly with accused No.2 and 5 Companies and successful default of outgo of fine, they shall acquisition a Simple Imprisonment for a play of 1 year. (Accused No.2 and Accused No.5 are companies which are ineligible entities and hence, the typical cannot beryllium sentenced for corporeal punishment). However, accused No.2 and 5 Company shall beryllium liable to wage good jointly and severally with different accused persons for the aforesaid offence,” the peculiar tribunal said successful its bid connected Saturday.

Biliye has besides been sentenced nether the Prevention of Corruption Act for a play of 3 years with a good of Rs 50,000.

The situation sentences volition tally concurrently. “Acting nether conception 357 A of the CrPC suitable compensation requires to beryllium ordered to the unfortunate that is the authorities and hence the full magnitude shall beryllium ordered to beryllium forfeited to the state,” the tribunal said astir the fines imposed.

Over 50 lakh metric tonne of robust ore worthy Rs 2,500 crore exported illegally

The CBI officially stated successful 2014 that the lawsuit involves the alleged “illegal excavation of robust ore to the tune of 50 lakhs metric tonnes worthy Rupees 2500 crores (approx) and its consequent export from the Belekeri Port successful Karnataka”.

The Supreme Court connected September 7, 2012, directed the CBI “to analyse the case(s) relating to the amerciable extraction of astir 50.79 lakh MT of robust ore from the wood areas of Karnataka during the play January 1, 2009 to May 31, 2010, the amerciable transport of the aforesaid quantity of robust ore from the area(s) of extraction to Belekeri Port and from determination its amerciable export to different countries”.

The CBI has filed aggregate chargesheets with respect to amerciable exports of robust ore from the Belekeri larboard naming respective politicians similar erstwhile BJP ministers G Janardhan Reddy and Anand Singh, Congress MLA B Nagendra (who was with the BJP successful 2010) and the export firms they operated.

Several authorities officials person besides been accused successful the cases. The cases against BJP leaders similar G Janardhan Reddy are inactive nether proceedings successful the peculiar court.

“Though the offence was not committed by him arsenic an MLA, it is required to beryllium reminded that the radical successful precocious bureau should ever behave successful a mode which volition beryllium exemplary to the nine and surely not of committing fraud connected the nationalist astatine large,” the tribunal observed portion referring to Sail.

Meanwhile, advocates for the accused sought alleviation from imprisonment nether the Probation of Offenders Act the tribunal observed that “time and again it has been held by the Hon’ble Apex Court that economical offences are to beryllium considered a people isolated and the tribunal shall not amusement leniency by looking into the punishment imposed”.