HARENDRA NARAYAN DAS Vs. CHAIRMAN, MUNICIPALITY

JUDGEMENT

(1.) THIS is a reference under Section 438 of the Criminal Procedure Code for setting aside an order of conviction dated 22 -8 -1953, in Criminal Case No. 516 of 1952 (the Chairman, Municipality Goal -para versus Harendra Narayan Das), convicting the accused in that case under Section 152 of the Assam Municipal Act and sentencing him to pay a fine of Rs. 25/ -, in default, to suffer simple imprisonment for 30 days.

(2.) THE relevant facts giving rise to the reference are these: The accused petitioner at whose Instance this reference has been made holds and plot of land within the Municipal area of the Goalpara town. The allegation against him is that he encroached upon some portion of the Municipal drain that runs along -side his homestead land.

(3.) THE provisions of Section 318 are very material for the decision of the case. It is therefore better to reproduce the same. The section runs thus: