1 CRMAB 113/14

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. (BAIL) APPLICATION NO. 113 OF 2014.

ARVIND DINANATH LOLIYENKAR,

son of Dinanath Loliyenkar,

54 years old, married, Indian National,

resident of House No. 759/8, Akshay,

Shantinagar, Porvorim, Goa, and presently

in Judicial Custody at, Sub-Jail Sada,

Vasco da-Gama.

….Petitioner.

Versus

1.

STATE OF GOA, through Public

Prosecutor; High Court of Bombay

at Panaji, Goa.

2.

POLICE INSPECTOR, Special

Investigation Team, Crime Branch,

Dona Paula, Panaji, Goa. ….Respondents.

Mr. Surendra Dessai, Senior Counsel with Mr. Pavithran A. V.,

Advocate for the Petitioner.

Mr. S. R. Rivankar, Public Prosecutor for the Respondents.

CORAM : U. V. BAKRE, J.

RESERVED ON: 23^rd June, 2014.

PRONOUNCED ON: 24^th June, 2014.

2 CRMAB 113/14

O R D E R :

Heard Mr. Dessai, learned Senior Counsel appearing on

behalf of the applicant and Mr. Rivankar, learned Public

Prosecutor appearing on behalf of the Respondents.

2.

The applicant, who has been arrested on 28/03/2014 in

Crime No. 04/2014 registered by C.I.D., Crime Branch Police

Station, Panaji, for offence punishable under Sections 468, 471

420 and 120B of Indian Penal Code (I.P.C.); Section 4(1-A) read

with Section 21 of Mines and Minerals (Development and

Regulation) Act, 1957 (MMDR Act); Sub-Rules (2) and (3) read

with Rule 7 of the Goa (Prevention of Illegal Mining,

Transportation and Storage of Minerals) Rules, 2004 (the Rules)

and Sections 7, 12 and 13 of Prevention of Corruption Act, 1988

(P. C. Act), has filed the present application for bail.

3. The Police Inspector, Special Investigation Team, has filed a

reply resisting the application.

4. Shri Prasanna Acharya, Director of Mines and Geology,

Panaji–Goa lodged the complaint on 12/03/2014 alleging that

from 12/11/2010 to 22/09/2011, at the office of Captain of Ports

Department and Directorate of Mines and Geology, Panaji–Goa,

3 CRMAB 113/14

accused persons namely : (i) Directors and Officials of M/s. Frost

International Limited (Frost, for short); (ii) Officers of Directorate

of Mines and Geology, Panaji – Goa, hatched a criminal

conspiracy by preparing forged official documents and NOC to

transport ore, and officers of Directorate of Mines aided Frost to

export 1,35,000 metric tons of iron ore by ship named M.V. Cape

Cosmos to China, through Captain of Ports Department, thereby

causing a loss of revenue amounting to ` 1,17,85,500/- to the

Government.

5.

The applicant had previously filed Criminal Misc. (Bail)

Application No. 76 of 2014 before this Court and by Order dated

30/04/2014, the same was rejected. This Court had rejected the

previous bail application on the following grounds:

(i)

There is prima facie evidence against the

applicant.

(ii)

The investigation appeared to be at the

preliminary stage and that was not a stage where the

applicant could be released on bail.

(iii)

The fear of the prosecution that the applicant

being a resourceful and influential person was likely to

tamper with the evidence.

(iv)

The offence, being an economic offence involving

4 CRMAB 113/14

crores of rupees, which appeared to have a deep rooted

conspiracy involving a huge loss of public funds, the

same needed to be viewed seriously.

6.

After perusal of the application, reply filed by the

respondents and relevant material made available to me and

after considering the submissions made on behal