STATE Vs. INDERSAIN AHUJA

JUDGEMENT

(1.) GOVERNMENT Appeals Nos. 1517 and 1518 of 1967 have been referred for decision to Division Bench by the Hon'ble Ramabhadran, J. on the ground that since the question of limitation under Section 79 of the Mines Act 1952 has arisen and therefore, these two appeals be decided by a Division Bench.

(2.) GOVERNMENT Appeal No. 1517 of 1967 arises out of Criminal Case No. 37 of 1966 in which, Indrasain Ahuja. Chandrasain Ahuja and Ammer Kalam were prosecuted under Sections 66, 69, 70 and 72c (i) (a) read with Sections 16, 17 and 18 of the Mines Act. 1952 on the complaint lodged on 17-2-1966 by the Regional Inspector of Mines. The other Government Appeal No. 1518 of 1967 arises out of Criminal Case No. 36 of 1966 in which Indrasain Ahuja and Chandrasain Ahuja were prosecuted for offences under Sections 66. 70. and 72c (1) (a) read with Sections 16. 17. and 18 of the Mines Act on the complaint lodged on 17-2-1966 by Regional Inspector of Mines.

(3.) THE question which has arisen in the two appeals is whether the two complaints lodged against the respondents were within time and were not hit by Section 79 (ii) of the Mines Act. The said Section 79 provides that-No court shall take cognizance of any offence under this Act unless complaint thereof has been made-