In Brief
A mining export company and its directors were charged with illegal export of iron ore without permits, causing loss to the state. The Special Court took cognizance directly without committal by a Magistrate. The appellants sought to quash proceedings. The Supreme Court held: (1) While the cognizance order was irregular under Section 193 CrPC, it does not vitiate proceedings under Section 465 CrPC as no 'failure of justice' occurred—the Magistrate's diminished role in modern committal proceedings, the environmental gravity of mining crimes, and the two-year delay in raising the challenge weigh against the appellants; (2) Cognizance is of the 'offence', not the 'offender', so the inadvertent mention of 'accused' does not vitiate proceedings where material facts were perused; (3) The Special Court may jointly try IPC offences alongside MMDR Act violations under Section 220 CrPC; (4) Authorization under Section 22 MMDR Act was satisfied by the authorized Sub-Inspector of Police; (5) Vicarious liability of the Managing Director is determined at trial. Appeals dismissed.
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