PUBLIC PROSECUTOR Vs. C B THYAGARAJAN

JUDGEMENT

(1.) This appeal by the State is against the acquittal of the accused-respondent by the Sessions Judge, Chittoor in allowing the Criminal Appeal No. 127/65, holding that the finding of the trial Court that the accused has contravened Section 92 of the Factories Act was unsustainable.

(2.) The case for the prosecution is that in the year 1963-64, the accused-respondent, without obtaining the requisite licence, has been working his flour mill, known as Ambika Mills, on the premises No. 419/7, renumbered as 9-2-20 in Jandamanu Street, Chittoor to which the provisions of the Factories Act are declared under Section 85 (1) of the Act to be applicable, as a manufacturing process was being carried on, when Murali Mohan Mills was functioning, and hence contravened the provisions of Section 92 of the Factories Act.

(3.) The plea of the accused is that the declaration contemplated in Section 85 (1) is not in respect of the premises but manufacturing process carried on in the premises and he has started his mill only in 1963 and that as there is no declaration by the Government thereafter, he is not liable to be punished for any offence.