STATE Vs. S RAJAGOPAL

JUDGEMENT

(1.) S. Rajagopal, Occupier-cum-Manager, Thandapan Medical Hall, Palani, was convicted by the learned Sub-Divisional Judicial Magistrate, Dindigul, in S. T. C. No 707 of 1976 for offences punishable under section 6(1) read with rule 3 and section 6(1) read with rule 4 of the Factories Act and the sentence to pay a fine of Rs. 200 in default to undergo one month simple imprisonment for each of the offences. Rajagopal preferred an appeal in C. A. No. 145 of 1977 before the learned Sessions Judge, Madurai. The appeal was allowed setting aside the conviction and sentence. Aggrieved by the order of acquittal passed by the lower appellate Court, the State has preferred this appeal against acquittal.

(2.) THE case of the prosecution can be briefly stated as follows: Dhandapani Medical Hall situate at No. 18 Railway Feeder Road, Palani, was inspected by P. W. No. 1 the Inspector of Factories, on 10th August, 1976 at 4-30 p.m. At that time, there were sixteen male and seven female adult workers working. P. W. No. 1 verified from the muster roll that there were 23 workers working daily from 23rd April, J976 to 30th April, 1976 and on 22nd May, 1976 there were 21 workers and on 13th October, 1976 there were 23 workers. He prepared Exhibit P-1 regarding the particulars of the workers and got the attestation of the Manager No. 2 He then prepared Exhibit P-2 the inspection report. No previous permision had been obtained from the Chief Inspector of Factories for the construction of the factory building viz., Thandapani Medical Hall by submitting a detailed plan for the same along with the necessary Court fee stamp. THEre was also no valid licence obtained for running the factory by submitting the licence application with the necessary Court fee stamp. Hence, as the respondent has committed offences under section 6(1) read with rules 3 and 4 of the Factories Act, 1948 and Tamil Nadu Factories Rules, 1950, a show cause notice was served on the respondent. After getting the necessary sanction, proceedings were started against the respondent.

(3.) ACCEPTING the evidence, of P.W. No. 1 and the undisputed facts that there was no prior permission obtained from the Chief Inspector of Factories for constructing the factory building Dhandapani Medical Hall and that there was no valid licence obtained for running the said Medical Hall, the trial Court convicted the respondent.