STATE BY PUBLIC PROSECUTOR Vs. PALANIAPPA GOUNDER

JUDGEMENT

(1.) This is an appeal against acquittal by the State. The prosecution case is this: The Assistant Inspector of Labour, Karur, filed a complaint against the respondent-accused alleging that the respondent was manufacturing cigars in a factory and that he had not maintained the muster rolls, working hours roll, leave book, etc., and therefore, he is liable to be punished under Ss. 21(1), 22(I), 26(2), 28(1) 29(1) and 33 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, hereinafter called the Act.

(2.) The respondent accused contended that he was manufacturing only cheroots and not cigars and therefore, the provisions of the Act are not applicable to this case.

(3.) The learned Judicial First Class Magistrate, Kulithalai held that cheroot is not cigar and therefore acquitted the accused under S. 285(1) , Crl P.C, The State has come on appeal.