JUDGMENT 1. - The appellant has filed this appeal against the Judgment dated 21.4.1979 passed by Smt. Nisha Bhandari, learned Chief Judicial Magistrate, Bhilwara in Cr. Case No. 27/1976 whereby the respondent-accused was acquitted of the offence under Sections 17, 22(3), 72B and 69 of the Mines Act, 1952 (hereinafter referred to as `the Act'). 2. Brief facts of the case are that the accused-respondent is the owner of Vimal Bhandar Mines in village Dadiya, District - Bhilwara. The above mines were inspected by the Inspector of Mines and it was found that carrying on mines operations at the said mine would be dangerous to lives of the workers. He, therefore, issued an order purporting to be Under section 22(3) of the Act on 22.2.1975 recording the above observation and prohibiting the employment of person in the mines except for remedying the defects under the supervision of a qualified manager. The above order was also served on the accused respondent. 3. The mines were again inspected on 8.7.1975 and it was found that the accused-respondent had employed some workers to operate the said mine in spite of prohibition order served to the accused - respondent passed Under section 22(3) of the Act. It was also found that the above working was being done without employing a qualified manager. An inspection memo was prepared then and there. After that a private complaint was filed in the Court of learned Chief Judicial Magistrate, Bhilwara, who by the order impugned has acquitted the accused respondent of the offence alleged to have been committed by him. 4. I have heard learned counsel for the appellant as well as learned counsel for the respondent and also perused the order impugned. 5. A perusal of the impugned order shows that the learned Magistrate noticed the following lacunae in the complainant's case : (1) PW 1 in his statement stated that the mining operations were going on in a mine known as 'modly', however, no work was being done at `modly No.2'. According to learned Magistrate the prosecution has failed to prove that the above two mines were comprised in the mine known as Vimal Bhandar Mine. According to learned Magistrate the prosecution has failed to prove that the above two mines were comprised in the mine known as Vimal Bhandar Mine. (2) The persons who were found working at `modly' mine were not engaged in mining operations but were remedying the defects and PW 1 has stated that during that work if some material is removed, the provisions of Section 22(3) of the Act could not be offended. (3) The Inspector after completing the inspection took away the Attendance Register and Production Register relating to the work done by the above persons. However, the above documents were with held from production. (4) The site map prepared by the Inspector has also not been produced in the case. From the above lacunae, learned Magistrate held that the complainant miserably failed to prove the offences stated in the complaint. 6. Learned counsel for the appellant could not satisfy me why the above documents were with-held from production in the Court. The attendance Register and Production Register were very material documents which could prove whether the respondent-accused was really engaged in the mining operation by employing certain persons there. It could also show what was the production achieved by the respondent-accused by undertaking the above mining operation. The prosecution has also not clearly explained whether the two mines `modly' and `modly No.2' were comprised in the mine known as Vimal Bhandar Mine. Learned Magistrate has correctly observed that as per inspection memo, the Inspector inspected tow mines, as mentioned above whereas the order passed Under section 22(3) of the Act was in respect of a single mine. According to learned counsel for the respondent to material that was found in the mine was collected there as a result of remedying defects. 7. Hence, learned Magistrate has committed no error in acquitting the accused respondent. There is no force in this appeal and it is hereby dismissed.Appeal Dismissed. *******