- (1.) THE main question involved in this application under Section 482, Cr PC is follows : "Whether a person other than Agent can be fastened with the criminal liability for any offence under the Mines Act on the ground that he is a deemed Agent
(2.) THE question aforesaid arises out of the short facts that the Inspector of Mines filed complaint case No. CIII 323/2000 against (1) G.N. Verma, C.G.M. and Deemed Agent, (2) B.K. Sinha, Dy. C.M.E. cum -Agent (3) B.K. Ghosh, Manager, all are of Karkata Colliery, for their trial for the offences, under Section 72B of the Mines Act, 1952, that they had violated certain prohibitive order issued under Section 22A(2) of the Mines Act, (hereinafter referred to as the Act). The defence case is that there is no violation of Mines Sefety Rules, rather the said Colliery was categorised as the best Mines of B groups colliery of the Central .Coalfields Ltd. The violation of any prohibitive orders was denied. The details of the case of the prosecuting and of the defence are not being given as they are not relevant for the purpose of the issue in hand.
(3.) THE relevant status of accused as appearing from the paragraph 4 of the complaint petition is as follows: - (i) G.N. Verma, accused No.1 (here the petitioner) was the Chief General Manager/Deemed Agent and was exercising supervision, management and control of the mine. (ii) B.K. Sinha, accused No.2, was the Agent. (iii) B.K. Ghosh, accused No.3, was the Manager of the aforesaid Mine. They were all bound to see that all mining operations were conducted in accordance with the provisions of the Act 1952, and the Rules, Regulations and Orders made therein. ;