SHER MOHOMED MUSAHIB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application in revision against the judgment passed by the Additional Sessions Judge, Nagpur, in an appeal by which he confirmed the order of conviction and sentence passed on the applicant under S. 52 of the Bombay Shops and Establishments Act, 1948 (hereinafter called the Shops Act). He is alleged to have contravened the provisions of S. 7(1) and S. 62 of the Shops Act.

(2.) The applicant is a weaver. He had installed a power-loom in his house in the year 1965 for manufacturing saris and lungis. He purchases raw materials from the market and works on his power-loom in his house. He finishes the goods and sells them in the market. The inspector visited the house of the applicant on January 28, 1967 and found that he had never sent any application in the prescribed form under S. 7(1) of the Shops Act to him for registration of his (applicant's) commercial establishment. He further found that the applicant did not maintain the visit book meant for writing the remarks by the Inspector at the time of inspection of the premises. The applicant, therefore, is said to have contravened the provisions of the Shops Act. Accordingly, therefore, he was prosecuted.

(3.) The applicant pleaded not guilty and has stated that he had been manufacturing saris and lungis on the power-looms from the year 1966 and that although he manufactures them at his premises, he sells them in the handloom market at Nagpur and not at his house. He admits not having secured any licence for the purpose under the Shops Act. His case therefore is that because he does not sell the saris and lungis in his house where he manufactures them, but because he sells them in the market, therefore, he has not contravened the provisions of the Shops Act.