P. DEVADASS, J.

1. The complainant, namely, the Deputy Director (Safety), Inspectorate Dock Safety, Chennai, in C.C. No. 4022 of 2001 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai preferred this Criminal Appeal as against the order of acquittal passed by the learned Magistrate on 16.3.2006.

2. The case of the prosecution runs as under:-

(i) Bharat Heavy Electricals Limited (hereinafter, in short, BHEL)/A-1 imported steel pipes of various lengths and dimensions through the ship M.V. Ravi Das. The consignment has to be unloaded in two locations, one at West Quay III Wharf at the Chennai Port Trust (hereinafter, in short, Ch. PT) another one location, A-1 had deployed its own mobile crane and at another location it had used Fork Lift Truck bearing No. V9 belonging to Ch. PT.

(ii) BHEL had employed many workers to unload and handle the said consignment. BHEL had asked for vehicles for the purpose of handling the steel consignment from Andal Lorry Transport.

(iii) The Trailer belonging to M/s. Velan Transport engaged by M/s. Namakkal South Indian Transports had been sent. One Arumugam drove the Trailer No. TN-45-F-7171. He has been engaged for A-1