STATE OF GUJARAT Vs. NATVERLAL D SHAH

JUDGEMENT

(1.) This judgment will govern the disposal of criminal appeal Nos. 785 of 1973 and 786 of 1973 the facts of which are similar to a great extent and which involve a common question of law.

(2.) The respondent Natvarlal D. Shah is a partner in Shri Mahalaxmi Board and Paper Mill hereinafter referred to as the Mill at Bulsar. When the factory inspector Harshavadan Jethabhai Patel visited the above mill on 2-12-1972 which is a factory under the provisions of the Factories Act 1948 hereinafter referred to as the Act he found that no urinal or latrine was provided for the workers in the factory premises. He therefore filed two separate complaints against the respondent for the offence punishable under sec. 92 of the Act. The learned Magistrate acquitted the accused in each of the two cases and being aggrieved by his order the State has come in appeal to this Court.

(3.) Criminal appeal No. 785 of 1973 arises out of the order of acquittal passed by the learned Magistrate in summary case No. 393 of 1973; whereas criminal appeal No. 786 of 1973 arises out of a similar order passed by the learned Magistrate in summary case No. 395 of 1973.