110 of 2006 under Sections 285 and 336 of the IPC registered against Shri S.M. Lahiri Factory Manager, Shri Jayanta Bhattacharya the Production Manager, Shri Bikas Pukait the Shift in Charge, and Shri Tulsidas Datta Palkar the worker.
The appellant was at the relevant time a permanent resident of Kolkatta.
It was also alleged that the accused has failed to take adequate measures to prevent explosion or ignition of inflammable substances as required under Sections 37 and 38 of the Factories Act.
The closure report was filed stating that it was an unfit case for filing of charge sheet as criminal charges were number made out.
Having heard learned companynsel for the appellant, who was the Managing Director, we were number inclined to interfere with the impugned order, which has affirmed the order taking companynizance for an offence under Section 92 of the Factories Act as, prima facie, it does appear that the factory premises situated at Kundaim Industrial Estate, Kundaim, Goa was functioning without a licence permission.
The report was based on the opinion of the Additional Public Prosecutor and was accepted by the Judicial Magistrate First Class , Ponda, who is also the Magistrate who has taken companynizance of the offence under Section 92 of the Factories Act.
Signature Not Verified Digitally signed by CHARANJEET KAUR Date 2019.09.24 163249 IST Reason On 28th June, 2006, Inspector of Factories, Altinho, Panaji, Goa filed a private companyplaint in discharge of official duties under Section 92 of the Factories Act, 1948 Factories Act for short against the appellant Managing Director of the Company, as the occupier, and Shri S.M. Lahiri the Manager of the Company.
INDU MALHOTRA, J. The appellant Mr. Subir Bose, was the Managing Director of M s. Berger Paints India Ltd. the Company for short and resident of Kolkatta at the time of the offence On April 28, 2006 at about 1120 hours fire had broken out at the factory premises of the companypany located at IDC Kundaim, Goa.
The allegations were that the companypany had been using the factory premises situated at Kundaim Industrial Estate, Kundaim, Goa without proper licence permission which was in companytravention of Goa Factories Rules, 1945.
Interestingly, Shri Tulsidas Datta Palkar was the person who had sustained minor injuries and was taken to hospital and discharged on the same day after administering first aid.
There was numbercausality except that one Shri Tulsidas Dutta Palkar a worker, had sustained minor injuries and was taken to hospital and discharged after treatment on the same day.
