STATE OF GUJARAT Vs. MANUBHAI MANGALDAS SHAH

JUDGEMENT

(1.) Instant appeal for enhancement of sentence, filed under Section 377 of the Code of Criminal Procedure, 1973, is directed against judgment dated January 13, 1992, rendered by the learned Judicial Magistrate, First Class, Lakhtar, District : Surendranagar, in Criminal Case No.144 of 1991, by which the respondent is convicted of the offence punishable under Section 94 of The Factories Act, 1948 ("the Act" for short) for contravention of Rule 3-A of the Gujarat Factories Rules, 1963 ("the Rules" for short) for second time and imposed sentence of fine of Rs.275.00, in default, S.I. for 15 days.

(2.) The respondent is owner of Gujarat Ginning Industries located at Station Road, Lakhtar, which is a factory within the meaning of Section 2(m)(i) of the Act. He is occupier of the factory and is in management of the same. The Factory Inspector, Surendranagar had visited the factory of the respondent on May 15, 1991 and found that the respondent was using building as factory without obtaining previous permission, in writing, of the Chief Inspector of Factories. The use of building or premises as factory without obtaining previous permission, in writing, of the Chief Inspector of Factories is contrary to Rule 3-A of the Rules. Therefore, the Factory Inspector had filed complaint in the Court of learned Judicial Magistrate, First Class, Lakhtar, District : Surendranagar against the respondent, which is on record of the case at Exh.1. In the complaint it was, inter alia, mentioned that Mr.N.H.Mehta, who was Junior Factory Inspector, had visited the factory of the respondent on March 19, 1990 and found that the respondent was using building as factory without obtaining previous permission, in writing, of the Chief Inspector of Factories and had, therefore, filed complaint in the Court of learned Judicial Magistrate, First Class, Lakhtar, which was registered as Criminal Case No.81 of 1990, in which by order dated November 13, 1990 the respondent was sentenced to fine of Rs.100.00. Under the circumstances, it was prayed in the complaint that as the respondent was previously convicted of an offence punishable under Section 92 and was again guilty of an offence involving contravention of the same provision, enhanced penalty as contemplated by Section 94 of the Act should be imposed on him.

(3.) The complaint filed by the Factory Inspector, Surendranagar on August 12, 1991 was registered as Criminal Case No.144 of 1991, and process was ordered to be issued to the respondent. On service of process, the respondent had submitted a purshis at Exh.9 on January 13, 1992 stating, inter alia, that he had committed breach of provisions of Rule 3-A of the Rules and appropriate order be passed after showing mercy on him. The learned Judicial Magistrate had recorded plea of the respondent and the respondent had admitted that offence punishable under Section 94 of the Act was committed by him. It was noticed by the learned Magistrate that the respondent had admitted guilt willingly and without any coercion and that he had requested to show mercy while imposing sentence. Ultimately, the learned Magistrate imposed sentence of fine of Rs.275.00, in default, S.I. for 15 days by judgment dated January 13, 1992, which has given rise to instant appeal.