STATE Vs. B M N RAO

JUDGEMENT

(1.) The Order in Crl M.P.No.430/94 in STC No. 143/93 on the file of Additional Judicial Magistrate of I Class, Razole, dated 12-4-1994 dropping the proceedings against the respondents-accused is assailed by the complainant in this appeal.

(2.) The facts in brief are as under : The Inspector of Mines having been appointed by the Central Government purportedly under Section 5(1) of the Mines Act, 1952, filed a complaint against the respondents herein alleging that there was a blow out in the oil well at Komarada-I E-1400-17 Rig., on 20-3-1993 at about 10.30 a.m. that it was inspected by Sri A.K. Megharaj, Deputy Director of Mines Safety (also an Inspector of Mines) on 3rd, 4th 23rd and 24/04/1993, and Sri S. Venkataraman, Deputy Director of Mines Safety (Mechanical) (also an Inspector of Mines) on 3/04/1993 and that the above inspections revealed the contravention of Regulation 44 of the Oil and Mines Regulations, 1984. The relevant portion of the report is extracted below-- "In contravention of Regulation 44 of the Oil Mines Regulations, 1984, the accused persons did not subject the blow out preventer assembly including its control valves, connection pipes and spacers etc.... tested to the rated pressure of the assembly or the rated pressure of the casting pipe on which it is mounted, whichever is less, soon after its initial installation, re-installation, following repair and before drilling out cement plug from the string of casing."

(3.) On that basis, the complainant alleged that the respondents herein have failed in their duties as envisaged under Section 18 of the Mines Act, 1952 and thereby committed an offence punishable under Section 73 of the Mines Act, 1952.