HC turns down appeal challenging court’s order discharging duo

Team Herald

PANJIM: In a setback to the Goa Police’s Special Investigation Team (SIT) probing mining scam, the High Court of Bombay at Goa has turned down appeal challenging trial court’s order discharging Sameer and Arjun Salgaonkar in the matter. 

The SIT last November had appealed before the High Court challenging Special Court’s verdict discharging the duo from the case at the stage of framing of charge. 

SIT in the chargesheet filed in 2016 had contended that the alleged accused were the Directors of S Kantilal and Company Pvt Ltd, from January 2009 to February 2010. The company thereafter carried out mining activities at TC No.60/1952, situated at Asni Dongor in the villages of Curdi and Curpem of Sanguem Taluka, without grant of lease from the Directorate of Mines and Geology. 

The defence, appearing for Sameer and Arjun had contended that the complaint dated August 5, 2014 is barred by limitation of three years as per law and therefore, the limitation expired in February 2013. The Special Court had consented with the defence and observed that if at all the accused were liable for punishment, it would be as prescribed prior to the amendment of the year 2015, which is two years. Consequently, the period for taking cognizance of the offence by the Court would be three years.

“It also observed that Director of Mines and Geology, who is the complainant in this case, was aware of the alleged illegal mining as on April 17, 2009. But, the chargesheet was filed on March 15, 2016, on the basis of a complaint from the Director of Mines and Geology dated September 15, 2014. Hence, No cognizance of the offence can be taken as per law,” the Special Court had observed. 

The SIT is currently investigating the main mining case with fresh summons issued to Dinar Tarcar Minescape Mineral Pvt Ltd. While questioning of the concerned from V M Salgaoncar, Timblo Pvt Ltd and Salgaoncar Mining Ind Pvt Ltd commenced just recently. The 126 mining leases, which are being investigated as per Supreme Court’s 2018 order, is allotted to four officers.