STATE OF MAHARASHTRA Vs. ISMAIL SHAKUR MORANI

JUDGEMENT

(1.) THIS is an appeal by the State of Bombay and it is an appeal from the Judgment of the learned Presidency Magistrate, 10th Court, Andheri, Bombay, acquitting the respondent who was charged with having committed an offence under Section 5, Sub-section (3) of the Indian Explosives Act read with Rule 81 of the Explosives Rules, 1940,

(2.) ON 24-8-1954, at about 2. 45 O'clock in the afternoon an explosion occurred in the Morani Fire Works situated at Andheri, as a result of that explosion, 19 lives were lost and some workers sustained injuries. One of the injured persons was Namdeo Dharma whose right leg had to be amputated. The respondent is the owner of the Morani Fire Works. He was holding two licences under the Indian Explosives Act. In this appeal we are concerned with the first licence. It was a licence for manufacturing1 possessing and selling 200 Lbs. of fire works. This licence was dated 12-5-1947. It was renewable annually and it was to be valid upto 31-3-1955. This licence imposed certain conditions which were to be fulfilled by the licensee, and in this appeal we are concerned with condition No. 9. The relevant provisions of condition No. 9 may be stated below:

(3.) UPON the abovementioned facts, the question which arises for decision in this appeal is Whether what Kusum, Rukmini, Krishnabai and Kirtibai were doing viz. , affixing of paper to the inside bottoms of the containers, was a manufacturing process for making chiddias. If it was a manufacturing process, then undoubtedly It was done at a place where it was not authorised to be done and the respondent would be guilty of the offence with which he was charged. On the other hand, if it was not a manufacturing process, then the charge against the respondent must fail.