LAGATAR24 NETWORK
Ranchi, Sept 29: The Supreme Court has rejected Usha Martin Ltd (UML) plea to quash the summons issued to it and other accused on May 22 last year and criminal proceedings initiated by the Special (CBI) Court after the Enforcement Directorate (ED) filed a complaint case (chargesheet) in an illegal mining case.
A bench comprising Justice M R Shah and Justice Krishma Murari, in a judgment, delivered on September 28 observed that ‘no case is made out to quash the criminal proceedings.’
“The high court has rightly refused to quash the criminal proceedings in exercise of powers under Section 482 of the Cr PC. Whatever the submissions are made on behalf of the petitioner (UML) are all the defence which are required to be considered and dealt with at the time of trial,” the apex court observed.
Notably, Ranchi-based UML, a leading steel wire rope manufacturing company, had moved Supreme Court after the Jharkhand High Court refused to set aside the Special Court’s May 20, 2021 order to summon the accused and face the trial in a money laundering case involving illegal iron ore mining. The CBI had filed an FIR in 2016 in this connection.
The Enforcement Directorate had provisionally attached immovable properties of Usha Martin valued at around Rs 190 crore in 2019 in this case.
The ED filed the complaint case stating that the company has violated its undertaking of captive mining submitted in its application for the grant of Mining Lease Vijay II Iron Ore Mine situated at Ghatkuri village in West Singhbhum and sold/exported iron ore mined, despite such undertaking of captive mining.
The ED further stated that while granting the forest clearance and the mining lease to the UML, officials of Ministry of Environment and Forest allegedly violated mining laws, environmental laws and various rules, and that the regulations prescribed by the Supreme Court of India were also given a go-by on some extraneous consideration.
A single bench of Justice Sanjay Dwivedi, in its order on November 3 last year, observed that it is an admitted fact that the CBI case was filed in 2016 in which the charge-sheet has not been submitted and yet the ED had filed the petition at the Patna High Court which said that Bihar has got no jurisdiction for the said complaint. Thereafter the case in hand has been filed at Ranchi.
The court observed that in view of own admission of the officers of the company about the export, it cannot be held that the company had not exported the iron ore. “Moreover, when undertaking to that effect has been submitted by the petitioner that iron ore will be used for own industry only,” it added.
The court, referring to explanation to section 3 of P.M.L.A Act stated that the process or activity connected with proceeds of crime continues till such time a person is directly or indirectly enjoying the proceeds of the crime, accordingly the entire process/activity connected to the proceeds of crime is a continuing offence.
The court also said that no case of cutting-down the criminal trial has been made out. “In view of the allegations in the complaint it cannot be said that the trial if conducted would be an empty formality,” the high court bench observed.
The high court also pointed out that the company and other persons are also made accused for bribing the then S.P., C.B.I, New Delhi for the disposal of case in its favour and for that charge No.8/2020 dated 27.11.2020 the bribery case has been filed by the C.B.I, New Delhi.
