Tarkeshwar Nath, J.

1. This appeal by the State of Bihar is directed against the judgment of the Magistrate 1st Class, Dhanbad, acquitting the respondents on the ground that the Coal Mines Regulations, 1957 , were invalid and inoperative.

2. This case had a chequered career. The Central Bhowra Colliery is owned by Messrs. Central Bhowra Coal Co (Private) Ltd of which respondent No 1, namely, B.L. Agarwalla (mentioned as Banwari Lal Agarwalla in the petition of complaint) is the Managing Director. Respondent No. 2 was the First Class Certificated Manager at the relevant time. The said colliery was situated in Mahalla Mohalbani Police station. Jorapukur. This colliery was on two plots and one plot was commonly known as 88 bighas plot whereas the other was known was 100 bighas plot. Sowardih Colliery was to the adjoining east of the 100 bighas plot but the working of this colliery was discontinued in 1928 and it was subsequently filled with water. On 20-2-1958 a serious accident occurred at about 6 a.m. in the Central Bhowra Colliery and 23 miners appealed to have been trapped underground due to inundation. Respondent No. 1 gave a notice (Ex. 30) of this accident to the Chief