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Judgment
Kuppuswami Ayyar, J.—This is a case in which the manager of the factory has been convicted and sentenced to pay a fine of Rs. 50 for
having obstructed the Additional Inspector of Factories from entering the factory premises. My attention is not drawn to any evidence to indicate
that the petitioner himself obstructed or that he asked any others to obstruct. No claim can be made u/s 71 of the Indian Factories Act throwing
the burden on the petitioner to show that any other person obstructed, because Section 63 clearly indicates that there must be a wilful obstruction.
If it was wilful obstruction then the petitioner himself must have been present and obstructed. Since there is no evidence to show that he
obstructed, the petitioner has to be acquitted. The conviction and sentence are accordingly set aside and the petitioner is acquitted.