STATE OF ORISSA Vs. ISWAR DAS

JUDGEMENT

(1.) THIS appeal by the State of Orissa was directed against an order of acquittal of the respondents recorded by Mr. L. N. Panda, Magistrate 1st Class, Baripada. The facts leading up to this prosecution are rather simple. Messrs. S. Lal and Company have an Iron Ore Mines at Kotuput in the district of Mayurbhanj. The respondents Iswar Das and A. C. Adhikari were the agent and manager respectively of the said Company, Under Clause (i) of Section 3 of the Indian Metalliferous Mines Regulation, 1926, the owner, agent, or manager of a mine is to forward the annual return in respect of the preceding year to the District Magistrate and to the Chief Inspector of Mines. The return for the year 1957 not having been filed by the due date 21 -1 -58, the Chief Inspector of Mines, Dhanbad, issued a reminder on 8 -4 -58 for the filing of the annual return and gave 14 days' further time for the same. In spite of the reminder the return was not filed and a prosecution report was submitted by the Chief Inspector of Mines, Dhanbad, on 18 -7 -58 under Section 66 of the Indian Mines Act (Act 35 of 1952). The Additional District Magistrate Baripada took cognizance on 30 -7 -58 and thereafter the case was transferred to the file of Mr. Panda. The only defence of the respondents was that the returns were filed in time.

(2.) PROSECUTION examined the only witness, Tarapada Ghatak, the statistical clerk and the respondents examined none. In fact, they did nothing except asserting that the annual return had been filed during the second week of January, 1958.

(3.) WITH regard to the Second contention he, however, held that the Indian Metalliferous Regulation, 1928, is not the law in force within the meaning of Article 20 of the Constitution. Accordingly relying on a decision of the Andhra High Court reported in Re Lingareddi Venkatareddi, AIR 1956 Andhra 24, he acquitted the respondents.