HEMENDRA BHAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) IN this petition filed under Section 482 of the Code of Criminal Procedure, one of the partners of the firm, namely, M/s. Dayalal Meghji and Co. prays for quashing of the proceedings in Criminal Case No. 872 of 1999 (State of M. P. Vs. Hemendra Bhai s/o late Daya Bhai Manik) pending on the file of Judicial Magistrate First Class, Raipur.

(2.) FEW facts necessary for the disposal of the petition are these:--The applicant is the partner of the firm M/s. Dayalal Meghji and Co. (hereinafter referred to as "the firm"), a firm registered under the Partnership Act, 1932 having its principal place of business at Malviya Road, Raipur. The firm carries on business of manufacturing and selling of Badshahi Farmaish Bidi, popularly known as 345 Bidi since last several decades.

(3.) THE Supreme Court while deciding Writ Petition No. 465 of 1986 (M. C. Mehta Vs. State of Tamil Nadu and others), reported in (1996) 7 SCC 756, has given certain directions. As per the said directions of the Supreme Court in the said case, on 4-7-1997 a survey had been got conducted by the Labour Department of the State. A Surveyor named S. S. Shukla conducted the inspection of the house of one Santosh Sahu, resident of Village Datrangi, Bhatapara, District Raipur and found that Ku. Kevra, aged about 11 years was making Bidis. On being asked, she told him that the Bidis were made for the firm. Thereafter he filled up the prescribed Form No. 1 and submitted a report to the Assistant Labour Commissioner, Raipur.