Daijiworld Media Network – Bangalore (SP)
Bangalore, Nov 3: The state High Court (HC), on Tuesday November 2, upheld the Ankola range forest officer’s initiative in registering complaint and first information reports against certain companies, after confiscating about 8.5 lac tonnes of iron ore stocked at Belekeri port near Karwar.
Judge of the HC, Justice Javed Rahim, dismissed the petitions filed by ore companies concerned, questioning the propriety of the forest department’s action in confiscating the ore in March 2010, and then registering first information report in Ankola junior magistrate (first class) court in Uttara Kannada district.
City-based ILC Industries, Ashapura Minichem, Doddannavar Brothers, Belgaum, and PJS Overseas Limited, New Delhi, had filed these petitions. Hearing of the case was conducted in the Dharwad circuit bench of the High Court, while the verdict was pronounced by the main bench here.
During inspection conducted by the forest officials on March 15 this year at Belekeri port, irregularities had been observed. Out of 8.5 lac tonnes of ore found in the port, details of ownership were not available in respect of 6.15 lac tonnes. The owners, who later produced relevant records, were vested with the ownership of their ore, while first information reports were filed against others for illegally storing ore at the port.
The main argument of the petitioners was that the range forest officer does not have powers to confiscate the ore stock. During the hearing, public prosecutor, Ravindra Kolle, drew the attention of the HC to the fact that through an ammendment to the Forest Act in 2000, such powers were vested with the forest officials. As per this ammendment, the range forest officers enjoy powers similar to the ones enjoyed by the station house officers of police stations. Notification about the amendment had not been issued in the past, he informed, and brought to the notice of the court that the notification in question had recently been issued.
The judge, who upheld the arguments put forth by the public prosecutor, dismissed the petitions filed by aggrieved companies.