P.N. Bakshi, J. - (1.) The respondents have been convicted for on offence punishable under Section 92 of the Factories Act 1948 for breach of the provisions of Section 12 of the said Act read with Rule 18 of the U. P. Factories Rules 1950. They have been awarded a sentence of fine of Rs. 250/- each and in default to undergo one months' S. I.
(2.) The respondents are occupier and Manager of Diamond Sugar Factory, Pipraich, district Gorakhpur. The factory was in existence on the date of the enforcement of the rules framed under the Act. Under clause 7 of Rule 18 of the U. P. Factory Rules, the Factory was required to submit to the Effluent Board which was constituted by the State Government, an application detailing the arrangements which were in existence for the disposal of the wastes emanating due to the manufacturing process carried on by the factory, for its approval. It appears that the Effluent Board did not approve this arrangement and made suggestions to the factory from time to time as to the manner it should dispose of its effluents but the management of the factory did not comply with these suggestions. The Inspector of Factories inspected the premises of the factory on 5-12-1967. He found that proper arrangement had not been made for the disposal of the effluents from the factory as directed by the Effluent Board. Ile, therefore, filed a complaint on 1-3-1968 in the court of the District Magistrate, Gorakhpur for taking cognizance of the offence against the accused under Section 92 of the Factories Act as aforesaid.
(3.) The respondents asserted in their statements that effective arrangements had been made for disposal of the effluents and the Effluent Board had not prescribed any definite plan. It is further asserted that the complaint had been filed under some illusion. The respondents produced Ram Dularey Singh (D. W. 1), Deputy Chief Engineer of the Factory and Chandrika Tewari (D. W. 2) to prove their case. These witnesses deposed that the wastes emanating from the factory was disposed of into a pond, and that the same was being used for irrigating the fields without causing any harm to any one.;