STATE Vs. MADHOGARIA

JUDGEMENT

(1.) This appeal is by the Public Prosecutor, on behalf of the State, against the judgment of acquittal dated 30-9-1957 passed by the Sub-Divisional Magistrate, Alleppey in a complaint before him under the Factories Act, 68 of 1948.

(2.) The accused is B. Madhogaria, Manager of the Firm of Tharachand Sivkumar at Alleppey. On 11-9-1956, at 1 P. M. the Inspector of Factories, Alleppey, visited the premises of the firm and there found 33 workers engaged in cutting and drying arecanuts and garbling pepper. This, according to the Inspector constituted the conduct of a manufacturing process by 20 and more persons and so amounted to the running of a factory. And, as the accused had not registered his premises as a factory or obtained the requisite licence or permission and had not also given the due notices, he was liable to be prosecuted for various offences under the Factories Act and the Rules thereunder. So he obtained permission dated 6-12-1956 from the Chief Inspector of Factories and Boilers and filed the complaint herein on 10-12-1956. The accused pleaded not guilty.

(3.) The Inspector of Factories as P. W. 1 testified to the facts and also proved the mahazar Ext. P. I which he had prepared at the time of his inspection. P. Ws. 2 and 4 were workers who were actually engaged in the process of drying arecanuts when P. W. 1 visited the premises. They gave evidence that there were 32 persons employed at the time. P. W. 3 was the welfare assistant who accompanied P. W. 1 at the time of the inspection. He also proved Ext. P. 1 and further swore that there were then 32 workers engaged in cutting and drying arecanuts and garbling pepper. The accused gave statement that he had not employed more than ten persons at a time in the business and also examined D. W. 1 to confirm him.