MADHUMATI MITRA,J. - (1.) This is an application under Section 401 read with 482 of the Code of Criminal Procedure filed by the petitioner praying for quashing of the proceedings being complaint Case No.480 of 2013 under Section 92 of the Factories Act pending before the Learned Additional Chief Judicial Magistrate, Sealdah.
(2.) In his application under Section 401 read with Section 482 of the Code of Criminal Procedure, the petitioner has stated that he resides permanently at Kaira Can Complex , Amul Dairy Road, Anand Police Station, Gujarat. The petitioner is the Managing Director of a Co-operative Society, named and styled as M/s. Gujarat Co-operative Milk Marketing Federation Limited, a registered Co- operative Society, which is engaged in the business of selling various milk products like butter, milk, ice cream, etc. under the brand name of 'Amul' having market circulation throughout the territory of the country. It has been stated by the petitioner that the Co-operative Society has its warehouse situated at 4 Canal West Road, within the jurisdiction of Narkeldanga Police Station. A concern named and styled as M/s. Purnasons Pvt. Ltd. in Kolkata, functions as the clearing and forwarding contractor of the Co-operative Society. There was an agreement in this regard between the Co-operative Society and Purnasons Pvt. Ltd.
(3.) On 02.08.2013, one Soubir Basu Mallick, Inspector of Factories, West Bengal, inspected the premises at 4, Canal West Road, which was being used as a storage room for the products of the Co-operative Society. Upon inspection, a notice dated 07.08.2013 was served on the petitioner to furnish explanation for violation of the provisions of the Factories Act, 1948. In response to that notice, Sri Koushik Sengupta, the Zonal Commercial and Accounts Manager of the Co- operative Society, sent a letter dated 19.08.2013 to the opposite party no.2 requesting him to grant time of thirty days. A reply was sent to the opposite party no.2 by said Koushik Sengupta explaining the nature and character of the business carried on by the said Co-operative Society and it was also explained in the said letter that the functioning of the business of the Co-operative Society does not at all fall within the ambit of the definition of a factory as defined under Section 2(m)(i) of the Factories Act, 1948.;