STATE Vs. HARISH CHANDRA

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge of Midnapur against a sentence of daily fine imposed upon one Harish Chandra Mahanty under section 5 of the Bengal Highways Act, 1925, for violation of Rule 31(2) o that Act. The substantive offence committed is obstruction on or near a public highway. The magistrate imposed a fine for the obstruction. Upto this portion the learned Magistrate's order is correct. Then he proceeded to direct the accused

(2.) UNDER the circumstances, the order imposing the daily fine is set aside and the referent is accepted. If any daily fine has been paid the same will be refunded. D.H. Reference accepted.