ATUL CHURIWALA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application Under Section 401 of the Code of Criminal Procedure seeking to quash the judgment dated 2.5.1995 passed by the learned Addl. Sessions Judge, Bhadrak, in Criminal Appeal No. 31 of 1994 confirming the order of conviction recorded by the learned J.M.F.C, Bhadrak in 2 (C) C.C.No. 60/92 sentencing the petitioner to pay a fine of Rs. 5,000/ but modifying the default sentence to S.I. for six months instead of S.I. for one year.

(2.) THE prosecution case is that on 1.2.1992 the Inspector of Factories and Boilers, Balasore, on inspection of Krushi Rasayan Factory situated at Ranital in the district of Balasore manufacturing agricultural pesticides, detected certain violations such as presence of considerable amount of dust, poor ventilation of the work room, non guarding of crusher of V. Belt, poor house keeping, non supply of protective garments to the workers, non availability of washing and bathing facilities, absence of periodical check up of workers and insufficient fire extinguishers etc. After inspecting the factory in presence of Manager, Shri Sanjay Kumar Jain, the Inspector of Factories communicated the Inspection Report to the occupier of the factory (hereinafter referred to as the accused) pointing out the aforesaid defects requiring him to comply with the same within 15 days but the same having gone unheeded by the accused, a reminder dated 28.3.1992 was sent to him for making necessary compliance but of no use. Hence, after issuing a notice to show cause to the accused, the Inspector submitted the prosecution report for launching prosecution against the accused.

(3.) THE prosecution, in order to bring home the guilt to the accused, examined only the Inspector of Factories and Boilers, Balasore as P. W. 1 and none else.