T. MUKHERJEE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned Counsel appearing for the State.

(2.) THIS application has been filed for quashing of the order dated 6.12.2004 passed by the then Chief Judicial Magistrate, In -charge, Jamshedpur in C/2 case no.5538 of 2004 whereby and whereunder cognizance of the offence punishable under Section 92 of the Factories Act has been taken against the petitioners.

(3.) THE Inspector of Factories held enquiry to know about the cause of explosion. During enquiry, it was suspected that due to back flow, L.D gas accumulated at the place of occurrence which formed explosive mixtures which when came in contact of source of ignition, got exploded. In the enquiry report, the manner in which gas recovery system does work has been given in detail. At the same time, descriptions of its main components have also been given. As per the enquiry report, during steel making process, L.D gas is generated at L.D. converter which is provided with separate support recovery system so that L.D gas be retrieved to gas holder (a part of gas recovery system). L.D converter is connected to gas recovery system at the flare stack which does have three way valve to divert gas flow from the flare stack to gas holder. Excess gas is burnt at flare stack before it is released to the atmosphere. Gas recovery system does have following components to check back flow of the gas from gas holder to flare stack. - -