STATE OF GUJARAT Vs. KRISHNA ENGINEERING WORKS

JUDGEMENT

(1.) THE Appellate -State has challenged the judgment and order dated 31.3.1998 passed by the learned Chief Judicial Magistrate, Surendranagar in Criminal Case No. 4089 of 1995 acquitting the respondents from the charges levelled against them.

(2.) ORIGINALLY , the complainant who was serving as a Labour Officer at Surendranagar, has visited the place of the respondent Institute on 6.6.1995. That as per the powers given to him under the Contract Labour (Control and Abolition) Act, 1970, he has carried out the search in the premises of the respondent Institute. He has interrogated the workers who were working at the place and has recorded the statements of the said workers. He has collected the details in a mode of information and filed the complaint against the respondents under sec. 7(1), 9(a) and 29(1) of the Contract Labour (Control and Abolition) Act, 1970 read with Rule 17(1) and 74 of the Contract Labour Rules, 1972.

(3.) THE prosecution has examined the complainant Dilip Ganpatlal at Exh. 42 and produced the oral evidence. The prosecution has not produced any other oral evidence as well as documentary evidence just to prove its case. The trial court has verified the oral evidence of the complainant and has came to the conclusion that in light of the provisions of law, the prosecution was unable to prove alleged charges levelled against the respondents and they were acquitted from the charge levelled against them. Against that order of acquittal, the present appeal has been preferred by the State.