STATE BY PUBLIC PROSECUTOR Vs. ANANTHAN POTTY

JUDGEMENT

(1.) This is an appeal filed by the State against the order of the Court of the District Magistrate (J.), Kanyakumari acquitting the accused, Ananthan Potty of the offence under Section 6(1) read with R. 3 and S. 6(1) read with Rr. 7 and 11 of the Madras Factories Act of 1948 and Madras Factories Rules of 1950.

(2.) The substance of the accusation against the accused is that he was carrying on manufacturing process without obtaining prior written permission of the Chief Inspector of Factories in his factory and that there was no valid licence for the year 1970 applied for by the accused for renewal at power was used in the premises.

(3.) P.W. 1, Rajaram is the Inspector of Factories, Madurai. He was the Inspector of Factories, Tirunelveli at the time of this occurrence having jurisdiction over Kanyakumari District. He inspected Paragon Industries situated in Trivandrum road at Parvathipuram in Nagercoil at 2-25 P.M. on 21st April 1970. The accused was the owner-cum-occupier of the premises. He found that it was a factory in which 18 persons were working and the machineries therein were run by 2.25 H. P. electric motor. In that premises, almirahs, iron chairs and iron materials for buildings and grill works were being done. He found, as per entries, 15 workers were employed on 1st September 1969, 16 workers were employed on 28th July 1969, 12 workers on 5th February 1970 and 11 workers on 7th March 1970.