- (1.)Respondent-accused Nihalchand was prosecuted on a complaint filed by Inspector of Factories on the allegation that when the Inspector of Factories visited Nihalchand Jiwandas Madan Bricks Factory, Jamni tahsil and district Bhandara. on 12-1-1970 at about 10.30 a. m.. it was found that the manufacturing process of bricks was done with the aid of power. It was also found that 20 workers were working in the said factory at that time. It was also noticed that power was being used to supply water for manufacturing of the bricks. Therefore, the said factory was "a factory" within the meaning of Section 2 (m) (i) of the Factories Act. 1948, hereinafter referred to as the Act. As the accused was running the factory without obtaining a licence in accordance with the provisions of the Maharashtra Factories Rules, 1963. hereinafter referred to as the Rules, the accused was prosecuted for a breach of Rule 4 of the Rules read with Section 92 of the Act.
(2.)Complainant S. K. Patil, the Factory Inspector examined himself and his evidence in this behalf was not challenged in cross-examination.
(3.)The only defence which was taken by the accused in his statement under Section 342 of the Code of Criminal Procedure was that in view of the grant of lease by the Collector Bhandara he was under the impression that no separate licence was necessary for the said kiln. So he did not apply for the same.