STATE OF RAJASTHAN Vs. POONAM CHAND

JUDGEMENT

(1.) THIS is an appeal by the State from the judgment of the Sub-divisional Magistrate of Shahpura dated the 5th of June, 1961, acquitting the accused Poonamchand and 12 others.

(2.) A complaint was lodged by Sundersingh, Mining Engineer Bhilwara on the 27th of May, 1960 in the court of the District Magistrate, Bhilwara in which it was alleged that the thirteen persons named therein were found working a quarry on the 24th of May, 1960 without a licence or a permit and that they had committed an offence under rule 30 of the Minor Mineral Concession Rules, 1959 and were punishable under rule 47 of those Rules. Poonamchand, who was a contractor for making a road in that area defended the case on the plea that he held a contract from the Public Works Department for making a road in that area and that he had quarried Stones for that purpose and that he was, therefore, not liable to pay any royalty nor was he liable to any punishment under R. 47. The learned Sub-divisional Magistrate who tried the case recorded an order of acquittal in favour of the accused on the ground that he had quarried stones for making a road, a contract of which granted to him by the Public Works Department. In this appeal it has been urged that the learned Magistrate was in error in thinking that Poonamchand had a right to quarry without a licence simply because he had obtained a contract for making a road from the Public Works Department. Mr. D. P. Gupta for the accused Poonamchand has urged that Poonamchand had taken out the stones for execution of a contract granted to him by the Public Works Department and he was, therefore, not liable to pay any royalty. He has referred to term No. 5 in the standard form of royalty collection contract under rule 34 of the Minor Mineral Concession Rules, 1959.