LAWS(CAL)-1988-11-1

STATE Vs. P N KAKKAR

Decided On November 25, 1988
STATE Appellant
V/S
P.N.KAKKAR Respondents

JUDGEMENT

(1.) This Revisional application is directed against the order dated 4-5-83 passed by the learned Sub-Divisional Judicial Magistrate, Durgapore in C.R. Case No. 358/82 and 279/82. The said cases were filed against the accused persons on the allegation that they committed offences punishable under S.72-A of the Mines Act, 1952.

(2.) By that order, the Learned Magistrate upheld the contention of the learned defence lawyer challenging the maintainability of the prosecution on the ground that the complainant an Inspector of Mines appointed under S.5 of the Mines Act was not authorised by the Chief Inspector to institute such prosecution.

(3.) The learned Magistrate quoted the Notification whereby the officers of the Mines Directorate appointed as Inspectors were authorised to institute prosecution for any offence under the Mines Act, 1952. The then Chief Inspector of Mines issued the said notification published in the Gazette of India on 8-7-80 in exercise of powers under S.75 of the Mines Act generally authorising all the officers of the Directorate appointed as Inspectors under S.5(1) of the Mines Act, 1952 to institute such prosecution.