Supreme Court · 1991 INSC 68 · Decided 22 February 1991
Captain Subash Kumar v. Principal Officer, Mercantile Marine Department, Madras
- Court
- Supreme Court of India
- Citation
- 1991 INSC 68 · [1991] 1 S.C.R. 742
- Case number
- CRIMINAL APPEAL No. 135/1991
- Decided
- 22 February 1991
- Bench
- K.N. SAIKIA, M.M. PUNCHHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution
Headnote
Merchant Shipping Act, 1958: Section 363-Jnitiation of enquiry~,.~ proceeding into charges of incompetency or misconduct of Captain of c D Ship. The appellant was the Master of the Merchant ship, M. V. Eamaco, when it sank in the high seas nearly 232 nautical miles away from India. The appellant by the ~Direc!or . General of Shipping, Calcutta. The ship was owned by a Singapore company and was flying Panamian flag. The first respondent filed a complaint in the Court of 14th J\'Ietropolitan Magistrate, Egmore, Madras against the appellant for ·initiation of enquiry. proceedings
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