Indu Malhotra, J. - (1.) The appellant - Mr. Subir Bose, was the Managing Director of M/s. Berger Paints India Ltd. (the 'Company' for short) and resident of Kolkatta at the time of the offence..
(2.) On April 28, 2006 at about 11:20 hours fire had broken out at the factory premises of the company located at IDC Kundaim, Goa. There was no causality except that one Shri Tulsidas Dutta Palkar - a worker, had sustained minor injuries and was taken to hospital and discharged after treatment on the same day.
(3.) On 28 th June, 2006, Inspector of Factories, Altinho, Panaji, Goa filed a private complaint in discharge of official duties under Section 92 of the Factories Act, 1948 ("Factories Act" for short) against the appellant - Managing Director of the Company, as the occupier, and Shri S.M. Lahiri - the Manager of the Company. The allegations were that the company had been using the factory premises situated at Kundaim Industrial Estate, Kundaim, Goa without proper licence/permission which was in contravention of Goa Factories Rules, 1945. It was also alleged that the accused has failed to take adequate measures to prevent explosion or ignition of inflammable substances as required under Sections 37 and 38 of the Factories Act.;