Special court convicts seven, including MLA Satish Sail, in illegal export of seized iron ore from Belekeri port-OxBig News Network

In the first conviction in cases related to illegal mining in Karnataka, a special court in Bengaluru on Thursday convicted Karwar MLA, Satish Krishna Sail, and six individuals, including a retired Deputy Conservator of Ports, and seven private companies on charges of illegally exporting seized iron ore worth several crores from Belekeri port in the State during 2009-10.

Mr. Sail, a Congress MLA, has been convicted of his role as the managing director of M/s Shri Mallikarjuna Shipping Pvt. Ltd., for the offences of criminal conspiracy, cheating and theft under the Indian Penal Code (IPC) based on the charge sheet filed by the Central Bureau of Investigation (CBI), which probed the case based on Supreme Court’s directions.

Mahesh J. Biliye, the then Deputy Conservator of Ports (now retired), was found guilty for offences of criminal breach of trust and criminal conspiracy under the IPC, and for the offences of criminal misconduct, fraudulent misappropriation of property and securing pecuniary advantage by corrupt means under the Prevention of Corruption of Act, 1988.

Santhosh Gajanan Bhat, judge of the Special Court of Sessions for criminal cases against former and present MPs and MLAs, who delivered the verdict, took Mr. Sail and six other individuals into judicial custody and sent them to be lodged at Central Prison in Bengaluru till Friday. They have to be produced before the court on Friday, when the court will hear arguments on quantum of punishment.

Others convicted

Other convicted individuals are Chetan Shah, managing director of M/s Ashapura Minechem Ltd; K.V. Nagaraj alias Swastik Nagaraj and K.V.N. Govindaraj, a director and a former director of of M/S Swastik Steels (Hospet) Pvt. Ltd; K. Mahesh Kumar alias Karapudi Mahesh Kumar, a partner in Sri Lakshmi Venkateshwara Minerals, and Prem Chand Garg, managing director of M/s Lal Mahal Ltd.

These five individuals and their companies were found guilty of the offences of criminal conspiracy, cheating and theft of seized iron ore stored in the port yard. The other companies found guilty are M/s PJS Overseas Ltd., and M/s ILC Industries Ltd.

After pronouncement of the judgment, advocate for Mr. Sail filed an application under Section 3 and 4 of the Probation of Offenders (PO) Act, 1958, requesting the court to exercise its power, to release certain offenders after admonition or to release certain offenders on probation of good conduct.

The court pointed out that the apex court’s verdict stated that economic offences were to be considered as a class apart and courts should not show leniency. The court also noted that he had been convicted of serious offence of criminal conspiracy.

People in high office

While pointing out that though Mr. Sail did not commit the offence as an MLA, the court said that people in high office should always behave in a manner exemplary to society.

Following these observations by the court, Mr. Sail’s advocate withdrew the application and requested the court to hear on quantum of sentence at the earliest.