( 1 ) BY way of this appeal, the appellant State of Gujarat has challenged the judgement and order of acquittal dated 6. 7. 2000, passed by the learned Additional Chief Judicial Magistrate, Valsad in Criminal Case No. 4035 of 1996, whereby the respondent accused is acquitted for the offence under Section 92 of the Factories Act, 1948 for committing breach of the provisions of Section 36 (1) of the Factories Act. From the record of this case it appears that this appeal was presented in the office of this Court on 5th October, 2000, which was signed by Shri B. Y. Mankad as Additional Public Prosecutor of this Court, who is appearing in this matter today.

( 2 ) THERE cannot be any other case of such inefficiency and incompetency of an advocate in drafting and filing the matter. Apart from the fact that the pages of the judgement of the learned Magistrate are not properly arranged, bare reading of the memo of this appeal drafted by the advocate who is the main Public Prosecutor of the State makes it difficult to even understand the averments.

( 3 ) LOOKING at the endorsement made below page 5 of the memo, learned APP Shri Mankad stated at the bar that this memo was dic