AIROnline 2025 SC 132

Supreme Court Of India

(From : AIROnline 2021 BOM 2404)

Hon'ble Judge(s): B. R. Gavai, K. V. Viswanathan , JJ

(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 (Para 42) ....