In this petition, the FIR in Crime No.30/2015 registered by the respondent-SIT is sought to be quashed on two grounds.

(i) First, the SIT has no jurisdiction to investigate into the alleged illegalities pertaining to the illegal mining and transportation of the quantity of less than 50,000 MT.

(ii) Second, in respect of the very same allegations, the CBI had conducted an investigation in FIR No.RC 18(A)/2011 wherein the petitioner and his brother M.Abdul Aleem have been cited as two of the witnesses Nos.43 and 44. After investigation, a preliminary charge sheet and two supplementary charge sheets came to be laid against the accused therein. In the said proceedings, there were no allegations of any illegalities by the instant petitioner. Therefore, there could not have been investigation in respect of the same offences by two different agencies.

2. Dilating on the first contention, learned counsel for the petitioner has referred to the proceedings of the Government of Karnataka dated 22.11.2013 wherein it is specifically mentioned that pursuant to the orders of the Hon’ble Supreme Court dated 16.09.2013 in Interlocutory Application No.189 of WP No.562/2009, the CBI was permitted to refer the matters in respect of exporters who had exported less than 50,000 MT without valid permits to the Government of Karnataka for taking further necessary action. Accordingly, the Government decided to disband the said investigation team and entrusted the matter to the Hon’ble Lokayukta for further investigation including the issue of illegal export of iron ore less than 50,000 MT. The learned counsel has also referred to the statement of objections filed by the respondent wherein it is stated in paragraph1 that in view of the orders of the Hon’ble Supreme Court directing the Government of Karnataka to investigate into the allegations of illegalities committed in export of iron ore of less than 50,000 MT, the Government of Karnataka had created a Special Investigation Team. Thus it is contended that SIT has no jurisdiction to investigate into the illegalities pertaining to illegal mining and transportation of the quantity of more than 50,000 MT.

3. On the second point, the learned counsel has emphasized on the following portion of the column No.9 of the FIR which reads as under:

“During the period from October 2009 to May 2010, about 2,15,838 MT of iron ore was extracted without obtaining valid permits from this mine and another 9,83,162 MT was similarly illegally extracted by encroaching into a neighbouring mining lease owned by M/s.Dalmia Mines (ML 2010). Of this, during November to December 2009, 25,682 MT was dispatched to M/s. SMSK Enterprises belonging to Sri. M.A.Zahid, 42,612 MT to M/s. S.B. Logistics, 989 MT to M/s. TBS Logistics and 46,720 MT to M/s. Devi Enterprises belonging to Shri. K.M. Ali Khan. Further during January and February 2010, 9669.98 MT was dispatched to M/s. Satavahana Ispat Ltd. M/s. Devi Enterprises received payment of Rs. 6,37,50,000/- from M/s. Satavahana Ispat Ltd. for the sale of 9,669.98 MT. Further during June 2010, about 1,07,070 MT was extracted by encroaching into the mining area belonging to M/s. Dalmia Mines (ML No. 2010). The dispatches made to M/s. SMSK Enterprises, M/s. S.B. Logistics and M/s. TBS Logistics were made through M/s. Eagle Traders and Logistics for which payment was received by the latter in its Axis Bank a/c No. 267010200007740 during the same period. It is also revealed that M/s. Devi Enterprises purchased weigh bridges from M/s. Avery India Pvt. Ltd. and M/s. Essae Digitronic and installed the same in this mine. The payment for the same was made through its bank account held with ING Vysya Bank.”

4. Based on the above averments, it is submitted that since common investigation was undertaken by the respondent, the total quantity of the subject matter of all the investigations put together would exceed 50,000 MT. Therefore, the SIT has no jurisdiction to investigate into the matter. In s