Judgment

K. N. SAIKIA, J.

( 1 ) SPECIAL leave granted.

( 2 ) THE appellant Captain Subash Kumar was the Master of the Merchantship M. , V. Eamaco owned by Eamaco Shipping Co. (P.) Ltd. , Singapore, hereinafter called the ship. On 12-8-86 the ship went into distress due to the vessels hold Nos. 2 and 3 taking in water, the pumping operations being insufficient and though initially the appellant sent radio message for help he failed to launch the life boats and life crafts and to abandon the ship to enable M. V. Shoun World to pick-them up and due to the failure of motor life boats and life crafts, when the ship sank, only 11 out of 28 persons were rescued resulting in loss of life to the remaining persons. At about 18. 25 Hrs. that day Madras Radio, which was the communication center between the land and seafaring ships, informed the office of the Principal Officer, Mercantile Marine Department, Madras, District Madras, hereinafter called as principal Officer, that an urgent message had been received by the said Radio from the appellant and from that communication it was clear that the ship under the command of the appellant was posted at position 11 degrees 08 minutes North, 83 degre