STATE OF GUJARAT Vs. SUBUDDHIBEN KPATEL

JUDGEMENT

(1.) APPELLANT State has preferred this appeal under section 378 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of acquittal passed by the learned Metropolitan Magistrate, Ahmedabad on 5. 4. 2008 in Criminal Case No. 1776 of 1996 acquitting the accused for the offence punishable under section 37 (1) (c) of the Factories Act, 1948 (hereinafter referred to as "the Act" ).

(2.) ACCORDING to the prosecution case, the accused was occupier of factory Jay Enterprise, at B/h Ajanta Offset, Behrampura, Ahmedabad declared as factory under section 85 of the Act. The complainant visited the factory on 27. 3. 1996 in respect of the investigation for fire in the factory. During the visit, it was found that the factory was using and storing chemicals like toluene and Ortho Zylene in the manufacturing process, which were likely to explode on ignition and despite previous instructions, no practicable measures were taken in the mixing vessel room by making the vessel motor starter, switch and lighting fixtures flame-proof to prevent any such explosion. Thereby, the accused committed breach of section 37 (1) (c) of the Act and thereby committed offence under section 92 of the Act.

(3.) ON the basis of the complaint filed by Mr. H. S. Dave, Inspector appointed under the Factories Act, an offence was registered and after full fledge trial, the learned Metropolitan Magistrate came to a conclusion that the prosecution has failed to prove the charge against the accused and therefore, acquitted her. Being aggrieved by the said decision, State has preferred this appeal.