THAKUR KHAGESWAR SINGH Vs. STATE

JUDGEMENT

(1.) The petitioner, Thakur Khageswar Singh, has been convicted under Section 17(2) of the Bihar Mica Act, 1947 (hereinafter referred to as the Act), and has been sentenced to pay a fine of Rs. 100/-. The question for determination is whether his conviction is competent and legal.

(2.) It will be necessary to state a few facts relevant for the disposal of this petition, about which there is now no controversy. On 6-3-1952. Mr. Bageshwar Prasad Singh, Inspector of Mica Accounts, Kodarma, inspected the mica godown of Messrs Mineral Development Ltd. in village Simaria in the district of Hazaribagh and found that the account books were not maintained in accordance with the provisions of sec, 10 of the Act. Accordingly, he lodged a complaint on 11-7-1952, for the prosecution of the petitioner under Section 17(2) of the Act. As disclosed in the petition of complaint, the petitioner was prosecuted in his capacity as the Director in charge of Messrs Vijay Bharat and Co. It is common ground that Messrs' Vijay Bharat and Co. are the managing agents of Messrs Mineral Development Ltd.. and the petitioner is the Director of the managing agency company. The petitioner alleged that he was not the licensee and held no responsibility for the maintenance of the account books and was, therefore, not liable for punishment under Section 17(2) of the Act. Both the Courts negatived his defence and held him guilty, and convicted him, as stated above.

(3.) Sir Sultan Ahmad appearing for the petitioner advanced an argument that under Section 17(2) of the Act only a licensee can be punished for infraction of any provision of the Act. and since the petitioner was not a licensee, his conviction was wholly illegal and without jurisdiction and cannot be maintained. Sub-section (2) of Section 17 of the Act provides as follows :