Summarize the following court judgment. minal Appeal No. 134 of 1965. Appeal by special leave from the judgment and order dated May 14	 1965 of the Patna High Court in Government Appeal No. 25 of 1962. Nur ud din Ahmed and A. K. Nag	 for the appellant. D. P. Singh	 Anil Kumar and Shivpujan Singh	 for the respondent. The Judgment of the Court was delivered by Sikri	 J. This appeal by special leave is directed against the judgment of the Patna High Court allowing the appeal filed by the State Government	 and convicting the appellant	 Mohd. Usman	 under section 5 (3) (a) of the Indian (IV of 1884) hereinafter referred to as the Act and sentencing him to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 2	000	 in default to undergo rigorous 429 imprisonment for a further period	 of six months. The High Court	 however	 agreed with the Magistrate that the appellant could not be held guilty under section 304A	 IPC. The High Court did not find the two other accused persons	 Abdul. Rahinan and Abdul Aziz	 guilty	 and State appeals against them were dismissed. The prosecution case	 in brief	 is that an explosion occurred in appellant 's factory at Matkuria	 PS Dhanbad	 on April 28	 1960. As a result of the explosion Kashi Bhokta	 Gobardhan Bhokta and Mohan Bour died. On that day	 the appellant	 who manufactures fireworks	 had allowed minors (under 16 years of age)	 viz.	 Kashi Bhokta	 Guhi Bhokta Gobardhan and Subhas Chamar to work in the manufacture of fireworks	 thus contravening r. 16 of the Explosives Rules	 1940 hereinafter referred to as the Rules made under the Act	 and had thereby committed an offence punishable under section 5 (3) (a) of the Act. The High Court	 disagreeing with the Magistrate who tried the case	 held that "the three minor boys	 Kashi	 Guhi and Subhas	 were employed and Gobardhan	 in any event	 was allowed to enter the premises licensed under the Rules for manufacture of explosives" in contravention of r. 16	 and convicted the appellant as already stated. Section 5(3) of the Act reads thus: "Any person contravening the rules made under this section shall be punishable (a) if he imports or manufactures any explosive in such contravention	 with imprisonment for a term which may extend to three years	 or with fine which may extend to five thousand rupees	 or with both; (b) if he possesses	 uses	 sells or transports any explosive in such contravention with imprisonment for a term which may extend to two years	 or with fine which may extend to three thousand rupees	 or with both; and (c) in any other case	 with fine which may extend. to one thousand rupees. " Rule 16 of the Explosives Rules provides: "16. Children and intoxicated persons	 No child under 16 years of age and no Person who is in a state of intoxication shall be employed on the loading	 unloading or transport of explosives	 or be employed in or allowed to enter any premises licensed under these rules. " 430 The first question which arises is whether every breach of r. I6 falls under section 5 (3) (a)	 of the Act. In our opinion	 the answer is in the negative. It will be noticed that cl. (a) of section 5 (3) deals with a person who imports or manufactures in contravention of the; Rule	 cl. (b) deals with a person who posses uses	 sells or transports any explosive in contravention of the Rules and cl. (c) deals with contraventions of the Rules in other. It seems to us that the scheme of this sub section is to divide the contravention of the Rules into three categories. In the first category fall rules which person must observe while he imports or manufactures. In other words	 rules relatable to the import or manufacture. of explosives would fall in the first category. For example	 clause 11 ' of the licence issued to the "Not more than four persons shall be allowed at any one time in any one building or tent in which the explosive is being manufactured and only persons actually employed in manufacturing or superintending manufacture shall be allowed inside the place of manufacture. " Clause 12 of the Licence provides: "No iron or steel implements shall be used in the manufacture. only copper gun metal or wooden tools are permissible. " Now	 if the appellant had infringed the provisions of the clauses it could be said that the contravention would fall under cl. (a) of section 5(3). We may mention that r. 81 provides that "no explosive shall be manufactured	 possessed used or sold except under and in accordance with the conditions of a licence granted under these rules"	 and a breach of the	 conditions would be contravention of r. 81. But suppose the appellant had contravened clause 2 of the licence his licence is for the manufacture	 possession and sale of 25 pounds of fireworks which prescribes the modes in which the explosives shall be kept in the premises	 i.e. "(a) in a building	 substantially constructed of brick stone or concrete or in a securely I constructed fire proof safe; or (b) in an excavation formed in solid rock or earth. he would be guilty under cl. (b) 'of section 5(3) and not cl. (a) of section 5(3). Similarly	 a contravention of clause 18	 which provides that "all sales of explosives under this licence must be effected on the premises described on the face of the licence	 and an explosive shall not be sold to 'any person under the age of 16 years" would fall under cl. (b) of section 5 (3). The learned counsel for the appellant contends that on the facts found by the High Court the conviction of the appellant 431 under cl. (a) of section 5(3) cannot be sustained. He says that there is no finding or evidence that the four minors were engaged to manufacture or were taking part in the manufacture of fireworks. We have gone through the evidence and we find that no witness states that these minor boys were employed by the appellant to manufacture fireworks. Subhas Chamar	 P.W. 1	 says that he "was working in the workshop of explosives at Matkuria owned by Usman . We were working in the normal manner and in the same place at the time of occurrence. " Puran Bhokta	 P.W. 2	 father of Kashi and Gobardhan	 says that all his sons "worked in the explosive workshop of Matkuria owned by Usman. " He does not enlighten us about the nature of work done by his sons. Guhi Bhokta	 P.W. 8	 only states that "about 18 months ago	 on a Thursday	 I was working in the explosive shop in village Matkuria under the supervision of Rahman accused. There is no other evidence bearing on this point. From this evidence it cannot be definitely inferred that the four minors were actually employed in the manufacture of explosives on April 28	 1960. In fact	 there is no evidence at all that any fireworks were being manufactured that day. It was for the prosecution to prove all the ingredients of the offence	 and section 106 of the Evidence Act does not	 as contended by the learned counsel for the State	 absolve the prosecution from proving its case. There is no doubt that there has been a contravention of r. 16	 inasmuch as the four minors were employed in or allowed to enter the premises licensed under the Rules. But r. 16 is	 a comprehensive rule and applies to employment of minors in the premises for various purposes manufacture and sale of explosives it would also apply to employment of a minor to sweep floors and keep the premises clean. If a minor is employed to keep clean the premises	 would this contravention fall under cl. (a) cl. (b) or cl. (c) of section 5(3)? It seems to us that if cl. (a) and cl. (b) are read widely so as to cover every activity which might take place on the premise cl. (c) would be rendered redundant. This is not a permissible way of reading statutes. If will be noticed that the legislature regards an offence under cl. (a) of section 5(3) to be more serious than one under cl. (b) and an offence under cl. (b) to be more serious than one under cl. Further	 the rules are many; some regulate minor matters	 and if would be absurd to treat the breach of every rule to be a breach of cl. (a) or cl. In our opinion	 if there is a breach of a rule	 it has to be ascertained in each case whether the rule or part of it relates to activities mentioned in cl. (a) of section 5(3) or cl. (b) of section 5(3). If it does not relate to any of the activities mentioned in cl. (a) 432 or cl. (b) of section 5 (3)	 the breach of the rule would fall under cl. (c) of section 5 (3). In this case the prosecution has not proved that the four minors were employed in any of the activities mentioned in cl. (a) or cl. (b) of section 5 (3). Nor has it proved that any manufacture of fireworks was done on April 28	 1960. It follows that the contravention of r. 16	 on the facts found	 can only come under cl. (c) of section 5 (3). We may mention that the learned counsel for the appellant challenged the findings of fact made by the High Court	 but	 in our opinion	 they are not vitiated in any manner. In the result	 the appeal is partly :allowed. The conviction is altered to one under cl. (c) of section 5 (3) of the Act	 and the. appellant is sentenced to pay a fine of Rs. 1	000 and in default to undergo rigorous imprisonment for a period of three months. Fine	 if paid in excess	 shall 	 be refunded. Y.P. Appeal partly allowed.

The appellant	 a manufacturer of fireworks was convicted under section 5 (3) of the Indian as he had allowed minors to work in the manufacture of fireworks thus contravening r. 16 of the Explosives Rules. HELD: Clause (a) of section 5(3) deals with a person who imports or manufactures in contravention of the Rules; el. (b) deals with a person who possesses	 uses	 sells or transports any explosive in contravention of the Rules; and el. (c) deals with the contravention of the Rules in other cases. If there is a breach of a rule	 it has to be ascertained in each case whether the rule or part of it relates to activities mentioned in el. (a) of section 5(3) or el. (b) of section 5(3). If it does not relate to any of the activities mentioned in el. (a) or cl(3)(b) of section 5(3) the breach of the rule would fall under cl. (c) of section 5(3) . [430 A B; 431 H] In this case	 though it was established that the minors were employed in or allowed to enter the premises	 it was not proved that the minors were employed in any of the activities mentioned in el. (a) or el. (b) of section 5(3). Nor it has been proved that any manufacture of fireworks was done on that day. So the contravention of r. 16 on the facts found	 could only be punishable under el. (e) of section 5(3). [432 B]