ASST INSPECTOR OF FACTORIES Vs. R SEETHARAMI REDDY

JUDGEMENT

(1.) Heard the Counsel on record.

(2.) The Assistant Inspector of Factories, Chittoor preferred the present Criminal Appeal as against the order of acquittal recorded by IV Additional JuniorCivil Judge-cum-Judicial First Class Magistrate, Chittoor.

(3.) The Assistant Inspector of Factories, Chittoor filed C.C. No. 200/97 on the file of IV Additional Junior Civil Judge-cum-Judicial First Class Magistrate, Chittoor for violation of Section 6 and Rule 3-A(2) and Rule 3-A(3)(a) and Section 21(1)(iv)(b) of Factories Act. The brief facts are as hereunder: On 7-8-1996 at 9.45 a.m., P.W. 1 and P.W. 2 alleged to have visited the accused factory and inspected in the presence of Supervisor Surendra Babu and in the absence of the accused P.W. 1 and P.W. 2 noticed violations mentioned in Ex. P-1 Inspection Report. The accused constructed a lean to roof open varandah with height of 2.4 meters and width of 3.6 meters towards North side of machinery hall and installed kerosene and water tank and kept two motors of each 1 H.P. with pump and using them for manufacturing process of tiles without obtaining prior permission in writing from the Director of Factories and violated Rule 3(A)(1) r/w. Section 6 of Factories Act and there were also some deviations from the approved plan viz., Ridge roof ventilator is provided for 1/6 span of machinery hall against the full length of machinery shed as shown in the approved plan; 6 polishing machines were found installed and used for the manufacturing purpose where as approval was given only for installation of 3 such machines and thereby violated Rule 3(A)(iii)(a) r/w. Section 6 of Factories Act; and the accused failed to provide secured weld-mesh box guard to 'V belt drive of 5 polishing machines; the accused also failed to provide secured weld- mesh box guard to 'V belt drive of edge cutting machine and thereby violated Section 21(1)(4)(b) of Factories Act. 3. P.W. 1 and P.W. 2 were examined and Exs. P-1 to P-13 were marked. Ex. P-8 sanction order was not issued by the Chief Inspector of Factories. This was the main ground of attack. No doubt several other grounds also had been raised and the learned Magistrate accepted the contentions and recorded an acquittal.