JOINT DIRECTOR OF MINES SAFETY Vs. HARSUKHARI M DOSHI

JUDGEMENT

(1.) This is an appeal by the Joint Director of Mines Safety against the acquittal of H. M. Doshi who was an Agent of the New Chas Nala Colliery in the District of Dhanbad. On the 20th of Nov. 1967 the Deputy Director of Mines Safety inspected the colliery and found various violation of the directions and orders passed by the authorities concerned. The appellant was convicted and sentenced by the Munsif Magistrate, First Class, Dhanbad under various sections of the Mines Act, 1952 - (briefly "the Act") as follows:

(2.) The defence of the appellant was that there was a Manager in the colliery that the order issued under Section 22 (3) of the Act was not served on the management and that the persons had been employed in quarry No. 3 to remove the danger. So far as the appointment of surveyor is concerned, the appellant admitted that there was no surveyor.

(3.) On appeal the appellant was acquitted of the charges under Sections 72-B and 69 of the Act but his conviction under Section 73 of the Act was maintained. The Joint Director of Mines Safety, namely, the complainant has appealed against the said acquittal. There appears to be no appeal by the respondent against his conviction under Section 73 of the Act and this Court is not now concerned with that,