STATE OF GUJARAT Vs. GORDHANBHAI G PATEL

JUDGEMENT

(1.) THIS criminal appeal is preferred by the State under Section 377 of the Criminal Procedure Code against the judgment and order passed by the Metropolitan Magistrate, Court No. 4, Ahmedabad on 29th September, 1993 whereby the present respondent Gordhanbhai G. Patel on his admitting offence came to be convicted by the learned Metropolitan Magistrate for the breach of the provisions of Section 21(1)(iv)(c) of the Factories Act, 1948, punishable under Section 92 of the said Act. Accordingly, the present respondent came to be convicted on his admitted the offence and was sentenced by the trial Court to pay fine of Rs. 500/ - and hence, this appeal by the State for enhancement of sentence.

(2.) ACCORDING to the prosecution case, Factory Inspector Mr. N.S. Asari filed a complaint on 18th January, 1993 against the present respondent stating that the accused, respondent herein was running a factory in the name and style of Shri Balaji Processors Private Limited at Narol, Sarkhej Road, Behind Ranipur Patia Bus Stand, Narol, Ahmedabad. The Factory Inspector, complainant visited the said factory on 16th, 19th, 22nd of September, 1992 as well as on 3rd October, 1992 and 16th October, 1992, while the factory was running. It came to the notice of the complainant that on 23rd June, 1992, in the said factory at 5.00 a.m., Worker Usmankhan Anvarkhan got injuries in Felt Department of Finishing Machine, while cotton was passing through the said machine. According to the complainant, the said machine was devised to Stream Drum and Guide Role which was dangerous devise and for which respondent - original accused was required to take safety measures for such machinery which he had not done and had committed breach of Section 21(1)(iv)(c) of the Factories Act, 1948 which was punishable under Section 92 of the Factories Act, 1948.

(3.) IT appears that the accused appeared before the Court on 29th September, 1993 and gave an application to take the case on board and admitted the offence and leaned Metropolitan Magistrate, as stated above, vide order impugned in this appeal sentenced the respondent - accused to pay fine of Rs. 500/ -.