JUDGMENT

The complaint of the Inspector of Factories, Madurai against the proprietor of M/s.AVN Ayurveda Formulation Private Limited was dismissed. Aggrieved by the order of acquittal passed by the learned Additional Chief Judicial Magistrate, Madurai in S.T.C.No.25

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of 2014, dated 30.06.2014, State has preferred this appeal.

2.The case of the complainant is that on 24.08.2013, the Joint Director, Industrial Safety and health, Madurai inspected the factory premises of M/s.AVN Ayurveda Formulation Private Limited at No.175-A, Villachery Main Road, Muniyandipuram, Pasumalai Post, Madurai, owned by N.V.Unnikrishnan. On that day early morning at about 03.20 a.m., there was a fire accident in the raw material godown of the said factory. The inspection of the Joint Director revealed that inflammable material like tolune and isoprophyl alcohol were stored in the raw material godown. The electrical wire were not drawn through conduit pipe. They were hanging loose. The switch board was not provided with earth leakage circuit breaker or miniature circuit breaker. Vapourisation of the inflammable materials stored and electrical leak due to loose wiring were found to be the cause of the fire accident, resulting in damage of goods worth Rs.97 lakhs.

3.Based on the report, the Deputy Director has preferred a private complaint otherwise than a police report by a public servant. The substance of the complaint prima facie would indicate that the raw material godown of M/s.AVN Ayurveda Formulation Private Limited was not equipped with fire fighting instruments. Due to failure of providing fire protection equipments, like, automatic sprinkler and hydrant and due to storing inflammable materials, the wire which was not drawn through conduit pipe had caused electrical short circuit leading to damage of goods worth Rs.97 lakhs. Had the factory owner taken sufficient precaution by providing automatic sprinkler and hydrant, the accident would have been averted. For failure to take precautionary measures as provided under Section 38 (3) of the Factories Act, 1948 read with Rule 61(4)(a) and Section 38(3) read with Rules 61(10)(a) and 13 of the Tamil Nadu Factories Rules, 1950, punishable under Section 92 of the Factories Act, 1948, complaint was lodged after issuing show cause notice.

4.The learned Chief Judicial Magistrate, Madurai took cognizance for offence under Section 38(3) of the Factories Act, 1948 read with Rule 61(4)(a) and Section 38(3) read with Rules 61 (10)(a) and 13 of the Tamil Nadu Factories Rules, 1950, punishable under Section 92 of the Factories Act, 1948 and made over to the learned Additional Chief Judicial Magistrate, Madurai. The learned Additional Chief Judicial Magistrate, Madurai tried the case for the said offence against N.V.Unnikrishnan, the owner of M/s.AVN Ayurveda Formulation Private Limited.

5.Before the Trial Court, the complainant has examined two witnesses, namely, Deputy Director, Industrial Safety and Health, Madurai and Joint Director, Industrial Safety and Health. 18 exhibits were marked on behalf of the complainant.

6.Mr.V.A.Appavoo Samraj who conducted the inspection of the godown immediately after the fire accident, examined as P.W.2.

https://hcBsearvsiceesd.e coournts. gohv.iin/shc seirvnicess/pection report (Ex.P.3), show cause notice (Ex.P.10)

issued to the occupier of the premises. In response to the show cause notice, the occupier has given his reply (Ex.P.14). P.W.2 had recorded the statements of Thiru.Raja and Thiru.Govindasamy, the boiler operator and shift operator employed in the said factory. Since his investigation revealed contravention of the Factories Act provision, sanction to prosecute has been sought and obtained. The sanction to prosecute accorded by the Additional Director, Factories Safety and Health is Ex.P.18. Mr.P.N.Sankar (P.W.1) has prosecuted the complaint.

7.The Trial Court which has taken cognizance of the complaint under Section 105 of the Fact