AIROnline 2025 SC 132

(A) Criminal P.C. (2 of 1974) , S.204— Factories Act (63 of 1948) , S.92, S.2(k), S.2(m)— Quashing of process – Legality – Accused had allegedly used premises as a factory without obtaining a valid factory licence – Plea of accused that laundry business carried on by her did not fall within the meaning of factory – ‘Washing or cleaning’ of any article or substance with a view to its delivery is covered by phrase “manufacturing process” – Business of laundry carried on by accused involved cleaning and washing of clothes including dry cleaning – Linen deposited with launderer was, after washing and cleaning, delivered to customer for use – Accused had employed more than 9 workers in centralised processing unit and also used power – Ingredients of definition of manufacturing process were satisfied – There was nothing in Act of 1948, which was repugnant in subject or context, constraining to jettison the definition – Laundry business carried on by accused was a “manufacturing process” and premises of accused would be covered under definition of “factory” – Order of High Court quashing process issued against accused was set aside.
AIROnline 2021 BOM 2404-Reversed1982 Lab IC 944 (P and H)-Distinguished2007 (4) AIR Bom R 27 (BOM)-Distinguished

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