JUDGMENT

K. Venkataswamy, J.-Aggrieved by the judgment of Criminal Appeal no. 24/81 dated 26.8.1988 on the file of Bombay High Court (Nagpur Bench), this appeal is filed by special leave.

2. The appellant preferred a complaint under Section 73 of the Mines Act, 1952 (hereinafter referred to as "the Act") read with Regulation No. 100(1) of the Coal Mines Regulations, 1957 (hereinafter referred to as "the Regulation"). The facts leading to the filing of this Appeal may be stated in brief to appreciate the contentions raised before us. The facts are as under :

Kamptee Colliery originally was owned by the Oriental Coal Company Limited. At the instance of the agent of Oriental Coal Company Limited, the Director General of Mines Safety granted permission on 2.1.1971 under Regulation 100(1) of the Regulations to split pillars in conjunction with hydraulic sand stowing in No.1 seam in the area. Later on, the agent of the Oriental Coal Company Limited applied for certain modifications in conditions Nos. 5 and 6 which was granted on 14.6.1971. Subsequently, on 30.1.1973, the possession of the coal mines was taken over by the Central Government and the ownership of the said coal mines vested in