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1989 Supreme(Ker) 319

RADHAKRISHNA MENON, BHASKARAN NAMBIAR
Chellappan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Nambiar, J.

1. This is an appeal filed by the State challenging the acquittal of the accused in S.T.No.24 of 1986 on the file of Judicial First Class Magistrate, Sherthallai. The Assistant Labour Officer, Sherthallai (North) filed a complaint against the respondent alleging that he violated the provisions of S.5( A) of the Kerala Shops and Commercial Establishment Act, 1960 (hereinafter referred to as the Act). During the relevant time the accused was conducting ration shop ARD No.59-A at Eramalloor. The complainant, Assistant Labour Officer, inspected the shop on 10-7-1980 at 11.45 a.m. and required the accused to produce the visit book and the registration certificate. The accused failed to produce the registration certificate and the visit book and prosecution was launched against him under S.29 of the Act.

2. Two witnesses, PW1 and PW2 were examined on the side of the complainant. PW1 is the complainant. He deposed that the accused is a ration shop dealer of shop No. ARD.59-A, Eramalloor and at the time of inspection of the shop, the accused did not produce the registration certificate and the visit book. PW2 is an employee in the ration shop. The accused when questio






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