LAWS(JHAR)-2012-1-161

DASHARATHI PAUL Vs. STATE OF JHARKHAND

Decided On January 13, 2012
Dasharathi Paul Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioners are seeking quashing of F.I.R of Pakur (Malpahari) P.S. Case No.217/2009, wherein a case has been registered under section 286, 337, 338, 304 and 427 I.P.C with offence punishable under section 3, 4 and 5 of the Explosive Substance Act.

(3.) Learned counsel for the petitioners drew my attention to Regulation 164 of the Metalliferous Mines Regulations, 1961 and submitted that protections by the blaster, who is using explosive, have been given in Regulation 164 and in case those protections are not taken resulting into even death of a person, by virtue of provision under section 72C(1)(a) of the Mines Act, 1952, offender can be prosecuted and punished and maximum punishment provided is imprisonment which may extend to two years or fine which may extend to five thousand rupees or with both. It is submitted that section 72A of the Act 1952 also provides for punishment for a term which may extend to six months in a case where provision made in clauses (d), (i), (m), (n), (o), (p), (r), (s) and (u) of section 57 are contravened. Section 73 is the general provision for cases of disobedience of orders which also provides for not only penalty but also, in case of penalty, provides for imprisonment for a term which may extend to three months or with fine, as the case may be, with or without imprisonment. It is also submitted that Hon'ble Supreme Court in the case of Raj Kapoor Vs. Laxman, 1980 AIR(SC) 605 has laid down that when there is a special law, then application of general law stands excluded.