P7 to P12 , submitted by the Eluru establishment, to the Regional Provident Fund Commissioner.
All these processes are carried on in the tobacco industry.
P3, and the appellants reply dated January 15, 1966 Ex.
In the Courts below the appellant produced 1 am order of the Chief Inspector of Factories, Madras and 2 a letter of Superintendent of Central Excise I.D.O. Vijayavada.
The Public Prosecutor filed an 87 7 appeal against the order.
Appeal by special leave from the judgment and order dated July 3, 1968 of the Andhra Pradesh High Court in Criminal Appeal No.
The Thukku wholly spoilt and Pagu partly spoilt leaves were separated.
The leaves were packed by bundling them up and putting them into gunny bags.
C. Setalvad, J. M. Mukhi and G. S. Rama Rao, for the appellant.
Ram Reddy and A. V. V. Nair, for the respondent.
The appellants defence was that the premises did number companystitute a factory and it was number necessary for him to obtain the licence or permission.
All these processes are manufacturing processes within s. 2 k i .
In State of Kerala v. V. M. Patel 1 the Court held that the work of garbling pepper by winnowing, cleaning, washing and drying it on companycrete floor and a similar process of curing ginger dipped in lime and laid out to dry in a warehouse were manufacturing processes.
The moistening was done for 10 to 14 days by sprinkling water on stacks of tobacco and shifting the top and bottom layers.
The stalks were stripped by breaking them up.
The present appeal has been filed by the appellant after obtaining special leave.
The stalks were stripped from the leaves.
883 of 1966.
The materials on the record show that in the companypanys Eluru premises, sun cured tobacco leaves bought from the growers were subjected to the processes of moistening, stripping and packing.
The tobacco leaves were moistened so that they may be handled without breakage.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The appellant is the occupier cum manager of the companypanys premises at Eluru in Andhra Pradesh where sun cured companyntry tobacco purchased from the local producers is companylected, processed and stored and then transported to the companypanys factory at Bombay.
According to the Magistrate the prosecution failed to establish that the premises were a factory ,or that any manufacturing process was carried on or that any worker was working therein.
or sticks and graded according to companyour, size, soundness and other recognizable elements of quality.
271 of 1968.
It is removed from the stalks.
The Judgment of the Court was delivered by Bachawat, J. M s. Golden Tobacco Co., Private Ltd. have their head office and main factory at Bombay where they manufacture cigarettes.
The 2nd Addl.
The appellant was prosecuted and tried for companytravention of 16 1 of the Factories Act 1948 and rules 3 and 5 3 of the Andhra Pradesh Factory Rules 1950 for operating the factory without obtaining a licence from the Chief Inspector of Factories and his previous permission approving the plans of the building.
Munsif Magistrate, Eluru, accepted the defence companytention and acquitted the appellant.
The prosecution case is that the aforesaid premises are a factory.
P5 4 the testimony of PW 2 B. P. Chandrareddi, the Provident Fund Inspector and 5 Six returns Exs.
50 under each companynt.
The leaves were tied up in bundles and stored in the premises.
The breaking up, the adaptation and the packing of the tobacco leaves were done with a view to their use and transport.
The Andhra Pradesh High Court allowed the appeal, companyvicted the appellant under s. 92 for companytravention of s. 6 1 and rules 3 and 5 3 and sentenced him to pay a fine of Rs.
From time to time they were packed in gunny bags and exported to the companypanys factory it Bombay where they were used for manufacturing cigarettes.
