JUDGMENT

1. This is an appeal on behalf of the Local Government against an order of the Deputy Magistrate of Howrah dated 28th October 1927, by which he acquitted the accused u/s 245, Criminal P.C., of the offences alleged to have been committed by him u/s 41(a) read with Section 26 and Section 41(h) read with Section 35, Factories Act (Act 12 of 1911, as amended-by Act 5 of 1923).

2. What happened in this case was as follows : On 28th June 1927, the Inspector of Factories, Bengal, inspected the Howrah Jute Mills of which the accused Murray was the Manager and found three persons, named, Jokadia, Varalee and Sukfaria, employed and working in the Drawing Department without having any specified hours fixed for their employment in contravention of Section 26, Factories Act, and further found that though the said three persons had commenced to work at 9-30 a.m. their names had not been entered in the prescribed register at 10-20 in contravention of Section 35 of the Act and Rule 76 thereunder.

3. The accused Murray appeared before the Magistrate on 16th August 1927, and tiled two petitions of complaint u/s 42 of the Act in respect of the aforesaid offences against three other persons name