( 1 ) THIS is an appeal by the State Government against the acquittals of the respondents (accused) of offences punishable under Section 92 of the Factories Act, 1948 (hereinafter referred to as 'the Act' ).

( 2 ) A complaint was filed in the Court of Magistrate First Class, Seoni, by the Chief Inspector of Factories against the respondents (accused) alleging that they were the ocupier and the manager respectively of the Seoni Distillery, Seoni; that on 26-3-1959, when the aforesaid distillery was inspected by the Inspector of Factories, it was found that the fermentation vats of the distillery were not securely fenced by railings or by any safety devices as required by Section 33 of the Act and that they thus committed an offence punishable under Section 92 of the Act.

( 3 ) RESPONDENT No. 2, on 19-8-1959, filed a written objection to the maintainability of the aforesaid complaint on the ground that the offence having come to the knowledge of the Inspector on 27-10-1957, the complaint was barred by limitation under Section 106 of the Act.

( 4 ) IT is not disputed that formerly the Inspector had inspected the distillery on 27-10-1957, 2-2-1958 and 23-10-1958 also and had r