RAJARAM NARAYAN ANTURKAR Vs. F F WADIA

JUDGEMENT

(1.) Shop Inspector, Pune Municipal Corporation, Pune filed this appeal against the judgment and order dated 6th October, 1979 passed by the learned J.M.F.C. Pune, acquitting the first respondent of the offence under section 7(1) read with section 52(a) of the Bombay Shops and Establishments Act (hereinafter for the sake of brevity called as the said Act).

(2.) The appellant is a Shop Inspector of the Pune Municipal Corporation. He filed a complaint against the respondent No. 1 for contravention of section 7(1) of the said Act, punishable under section 52(a) of the said Act. The appellant alleged that the first respondent is Yeravada Stud and Agricultural Farm a commercial establishment, within the area of Pune Municipal Corporation. The appellant visited the said establishment on 2nd August, 1978. The Secretary of the establishment Shri Sawale was present. It was noticed that the establishment was not registered under the said Act. Hence a notice was sent to the respondent No. 1 on 12-8-1978, but it was not replied to. On these facts the respondent No. 1 was prosecuted.

(3.) The appellant examined himself in support of the complaint. The respondent No. 1 in his examination under section 313 of the Criminal Procedure Code admitted that he was a partner of M/s Yeravada Stud and Agricultural Farm, but he denied that it was a commercial establishment. He admitted that the appellant visited the establishment on 2-8-1978 with Inspector Shri Joshi and at that time the Secretary of the establishment Shri Sawale was present. He also admitted that the establishment was not registered under the said Act although the establishment started functioning in or about the year 1959. He also admitted that on the date of visit by the appellant of the establishment, there were 41 persons working there. He denied that the race horses were sold from the said Farm.