1. Two points of law, one relating to procedure and the other to merits, have been raised in this Rule obtained by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, and directed against an order dated the 9th February, 1973, passed by Shri A.K. Dutta, Sub-Divisional Judicial Magistrate, Chandernagore. Dist. Hooghly, in C.R. Case No. 793 of 1972 under S.92 of the Factories Act, 1948 (Act LXIII of 48).

2. The facts leading on to the Rule can be put in a short compass. Shri K.K. Sengupta, Inspector of Factories, Serampore filed a petition of complaint before the learned Sub-Divisional Judicial Magistrate. Chandernagore on 14-9-1972 against five accused persons, including the two accused opposite parties, stating inter alia that the complainant is the Inspector of Factories. Serampore and filed the petition of complaint in his official capacity; that during his visit to the factory known as M/s. Samnuggur Jute Factory Co. Ltd., North Mill. 26, Grand Trunk Road, P.O. and P.S. Bhadreswar, Dist. Hooghly on the 16th June, 1972, it was ascertained by him that although more than 250 workers were ordinarily employed in the factory, the drinking water supplied t