STATE OF GUJARAT Vs. DIPESHBHAI V SHAH

JUDGEMENT

(1.) THIS appeal has been filed by the State seeking enhancement of the penalty imposed by the learned Metropolitan Magistrate, Court No.4, Ahmedabad in Criminal Case No.5611 of 1989.

(2.) THOUGH served, no one appears for the respondent. The respondent was the original accused in Case No.5611 of 1999. It was alleged, inter alia, that in a factory which he was in charge of, there were breaches in safety measures and he had thereby committed breach of the provisions contained in section 21(1)(iv)(b) of the Factories Act. It was further alleged that on account of insufficient safety measures, there was an accident in which hand of one workman was cut in the machinery and he was liable to be penalised under section 92 of the Factories Act. Before the learned Magistrate, the respondent pleaded guilty. He was penalised with a fine of Rs.500/ -.

(3.) BEFORE this Court, State contends that the punishment is inadequate and below even the minimum prescribed under the Factories Act. Insofar as the respondent having committed offence punishable under section 92 of the Factories Act is concerned, there is no dispute since he had pleaded guilty before the Court. As amended by the Amending Act, 1987, section 92 of the Factories Act, reads as follows: