Bengaluru, Oct 19: Former minister G Janardhana Reddy, the main accused in the multi-crore illegal mining and transportation of iron ore case, will have to stand trial for offences under IPC section 409 (criminal breach of trust by a public servant) which entails life sentence.
The Karnataka high court on Friday set aside orders passed by a special court for elected representatives, which discharged Reddy from the offence in three cases.
"The trial court has put the cart before the horse and proceeded to pass orders under challenge, that too after recording evidence of several witnesses," Justice BA Patil observed, while quashing orders passed by the special court in September last year.
The judge also noted that natural resources which were in the custody of representatives of the people and the officials concerned were illegally extracted.
Illegal mining
The case goes back to when Reddy was minister for t ourism and also minister in charge for Ballari district. The prosecution contends that between January 1, 2009 and May 31, 2010, the accused excavated iron ore illegally from various mines and forest areas and sold it to M/s Eagle Traders and Logistics and others, which was then illegally transported to Belekeri port for export.
"If persons who are duty bound to protect public properties indulge in such illegal acts, it is very serious and it cannot be held that ingredients of section 405 and 409 of IPC are not existing," Justice Patil said.
The CBI had contended that though the trial court has wide powers, there is no question of discharge midway during a trial after examining witnesses under IPC section 409.
On the other hand, it was argued on behalf Reddy that as the basic ingredients of section 405 (criminal breach of trust) of IPC are not made out against him, the charge under 409 of IPC doesn't survive.
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