BHOLE,J. - (1.)One is an appeal by the State of Maharashtra and the second is the appeal by the Municipal Committee, Akola. Both are aggrieved by an order of acquittal passed by the Judicial Magistrate, First Class, Akola.
(2.)THE accused in this case was charged with an offence punishable under Section 18 read with Section 52(b) of the Bombay Shops and Establishments Act, 1948 (hereinafter called 'Shops Act.'). It was alleged that he was found on or about July 5, 1967 to have kept his shop open in spite of that day being a weekly closed day. The Inspector of the Shops and Establishments of the Municipal Committee, Akola, visited the brass shop of the accused at Tilak Road, Akola, on that day. He found the accused who is the owner of the shop present and working there at about 9.55 P.M. The Shop Inspector, therefore, after the necessary sanction prosecuted the accused.
The learned Magistrate relied upon the decisions in State v. Hiralal Surajkaran (1956) 68 Bom. L.R. 481 : s.c. A.I.R. Bom. 473 and Mohanlal v. Corporation of the City of Nagpur (1966) Criminal Revision Application No. 257 of 1065, decided by Paranjape J., on January 10, 1966 (Unrep.): [1967] Mh. L.J. Note 3 and, therefore, was of the view that the owners are exempted from the operation of the provisions of Section 18 of the Shops Act. According to him, therefore, the accused being the employer could render service on a weekly holiday for his shop and that he was exempted. He, therefore, acquitted him of the offence punishable under Section 18 read with Section 52 of the Shops Act. This order of acquittal is challenged here by the State as well as by the Municipal Committee, Akola.

(3.)SECTION 18 of the Shops Act deals with the holiday in a week in shops and commercial establishments. Under it every shop and commercial establishment shall remain closed on one day of the week, except where the day is fixed under the provisions of Sub -section (1B); the employer has to prepare a calendar or list of such closed days at the beginning of the year, notify such calendar or list to the Inspector and specify it in a notice prominently displayed in a conspicuous place in the shop or commercial establishment. It appears that the accused did notify a closed day and the accused was found to be working on that closed day of the week. Under Section 52(b) of the Shops Act, if in any establishment there is any contravention of any of the provisions of Section 18 and some other sections mentioned there, the employer and the manager shall on conviction, each be punished with fine which shall not be less than twenty -five rupees. Therefore, if either the employer or the manager does not keep his shop or commercial establishment closed on the weekly closed day he is penalised under Section 52 of the Act.