STATE Vs. SHRI KRISHNA PD DAR,

JUDGEMENT

(1.) THESE two appeals by the State arise out of more or less the same facts and consequently we propose to dispose of both these appeals by this common judgment.

(2.) IN Appeal No. 540 there is only one respondent, namely, Sri Krishna Prasad Dar, Manager Allahabad Law Journal Co. who has figured in both the cases. In appeal No. 541 of 1951 there are two respondents, namely, Rameshwar Prasad Bajoria, resident of 9 Dalhousie Square Calcutta, who is said to be the occupier of Allahabad Law Journal Co. Ltd. and Sri Krishna Prasad Dar, Manager of the Allahabad Law Journal Co. Ltd.

(3.) THE facts which have given rise to these two Government Appeals lie within a very narrow compass and they may be stated as follows : On 25.6.1950, which was a Sunday, Mr. M.L. Bhagat, Inspector of Factories, paid a visit to the Allahabad Law Journal Co. Ltd. and discovered eleven persons working in the outer portion of the factory building in a verandah. He found that the Chaukidar or the Darwan, as he was called, was also present at the time. The Inspector found the main factory premises locked and he also found that he persons who were working at that time were busy binding certain books. It is pointed out, however, that these men were not using any "power" or machinery of the factory, which was at that time locked away from all accessibility of these persons. He called for the "Register of Factory Workers" as also the "Inspection Book". These, however, could not be produced because neither the Manager, nor anybody responsible for running the Press, was present at the time.