REGIONAL INSPECTOR OF MINES Vs. K K SENGUPTA

JUDGEMENT

(1.) THIS is a revision by the complainant-applicant against the order dated 19-7-1967 passed by the learned Additional Sessions Judge, Durg at Rajnandgaon, whereby the learned Judge held that the complaint filed is within time as the offence in question was a continuing one but further held that as no prior sanction for the prosecution of the non-applicant No. 1 K. K. Sengupta and non-applicant No. 2 V. G. Sesh, of the Central Government under Section 197 of the Code of Criminal Procedure was taken, the case could not proceed against both of them and dismissed the revision.

(2.) THE facts in brief out of which this revision arises were that on 134-1966, one Mst- Jaeotinbai was working at the bottom point of the bench side of the quarry which had been undercut and was insecure and overhanging on the side of the quarry, collapsed with the result that she died on the spot. Non-applicant No. 1 at the relevant time was the agent and the non-applicant No. 2 was the Manager of the Kokan Iron Ore Mine. Dalli Raihara, district Durs. It is also alleged that on 26th February. 1966, they were asked to rectify those violations but nothing was done and they continued to work the quarry with a total disregard of the safety provisions of the Metalliferous Mines Regulations. 1961, framed under the Mines Act. 1952. Non-applicant No. 3 was at the relevant time said to be one of the partners of the contractors who were looking after and supervising the work of the above mine. It is alleged that due to the abovesaid contraventions of the regulations under the Mines Act, the non-applicants are punishable under Section 72 (c) (I) (a) and (c) of the Mines Act, 1952 read with Section 18 of the same Act. Both the non-applicants raised an objection that the complaint was time-barred as it was not filed within six months from the date of contravention which came to the notice of the Inspector of Mines and moreover without a prior sanction of the Central Government as required under Section 197 of the Code of Criminal Procedure they could not be prosecuted. The non-applicant No. 3, Premraj Jain, said that he was not present on the site at the time of the incident and he was given no notice by the Mining Authority. for any breach of the rules and, therefore, he is not liable to be prosecuted.

(3.) LEARNED Magistrate held that the complaint was not within time as required under Section 79 of the Mines Act and also the case against non-applicants 1 and 2 could not proceed unless a prior sanction of the Central Government for their prosecution was obtained. The applicant complainant went in revision before the learned Additional Sessions Judge who held as aforesaid.