KISHORE KUMAR AGARWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Revision is preferred against the judgment and order dated 30.04.2010 passed by the District Judge, Kamrup, Guwahati in Criminal Appeal No.64/2009, whereby the appellate court has upheld the order and judgment of learned Chief Judicial Magistrate, Kamrup, Guwahati dated 19.08.2009 in CR Case No.331C/2005 convicted the accused petitioner to suffer SI for a period of 2(two) months and also to pay a fine of Rs.10,000/- (Rupees ten thousand) under Section 92 of the Factories Act in default SI for another 2(two) months.

(2.) I have heard Mr. AK Gupta, learned Amicus Curiae and also heard Mr. BJ Dutta, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case in brief is that on 18.11.2004 the complainant, Sri Somiran Das, Senior Inspector of Factories I/C Zonal Factory Officer, Bhangagarh, Guwahati-5 inspected M/S Mahalaxmi Stone crusher of accused KK Agarwala situated at Gauripur NH 31 Amingaon and found running the Mahalaxmi Stone Crusher Factory without having licence and registration as required under Section 6 of the Factories Act 1948 and Rules 3 and 4 of Assam Factories Rules 1950. Notice was issued to the accused occupier but in spite of receiving the notice the accused did not comply the same and hence the Inspector of the Factories, Sri Somiran Das on 14.03.2005 filed a complaint before the learned CJM, Kamrup Guwahati to prosecute the accused Kishore Kumar Agarwala under Section 92 of the Factories Act. On receipt of the complaint, the learned Chief Judicial Magistrate, Kamrup, Guwahati registered it as CR Case No.331/2005; took cognizance of the case under Section 92 of the Factories Act against the accused and issued summon to the accused to stand trial under the said Section of law.