- (1.) GOVERNMENT Appeals Nos. 1517 and 1518 of 1967 have been referred for decision to Division Bench by the Hon'ble Ramabhadran, J. on the ground that since the question of limitation under Section 79 of the Mines Act 1952 has arisen and therefore, these two appeals be decided by a Division Bench.
(2.) GOVERNMENT Appeal No. 1517 of 1967 arises out of Criminal Case No. 37 of 1966 in which, Indrasain Ahuja. Chandrasain Ahuja and Ammer Kalam were prosecuted under Sections 66, 69, 70 and 72c (i) (a) read with Sections 16, 17 and 18 of the Mines Act. 1952 on the complaint lodged on 17-2-1966 by the Regional Inspector of Mines. The other Government Appeal No. 1518 of 1967 arises out of Criminal Case No. 36 of 1966 in which Indrasain Ahuja and Chandrasain Ahuja were prosecuted for offences under Sections 66. 70. and 72c (1) (a) read with Sections 16. 17. and 18 of the Mines Act on the complaint lodged on 17-2-1966 by Regional Inspector of Mines.
(3.) THE question which has arisen in the two appeals is whether the two complaints lodged against the respondents were within time and were not hit by Section 79 (ii) of the Mines Act. The said Section 79 provides that-No court shall take cognizance of any offence under this Act unless complaint thereof has been made- (i) within six months of the date on which the offence is alleged to have been committed, or (ii) within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector, or (iii) in any case where a Court of inquiry has been appointed by the Central Government under Section 24, within six months after the date of the publication of the report referred to in Sub-section (4) of that section, whichever is later. Explanation- For the purposes of this section.- (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues. (b) where for the performance of any act time has been extended under this Act, the period of limitation shall be computed from the expiry of the extended period. ;