(1.) In this case the petitioner has been convicted under the Calcutta Police Act (Bengal Act IV of 1866), Section 66, Sub-section 4 (a), and sentenced to pay a fine of Rs. 20.
(2.) It appears that the petitioner is a building contractor and has undertaken the erection of a masonry or brick building at premises No. 40/1 on the Strand Road. In the course of his building operations on the 20th of March last the petitioner unloaded and deposited some 2,000 bricks on the foot-path or pavement in front of the said premises and thereby, it has been found, caused obstruction in or on the foot-path for a period pf some six hours or more.
(3.) That the foot-path or pavement in question is part of a public thoroughfare and that obstruction was caused in the manner set out has not been disputed and the defence is that the acts complained of, having been done in pursuance of and in conformity with a license granted by the Chairman of the Corporation of Calcutta, the petitioner had not thereby committed any offence. The present Rule was issued in order to the further examination of that defence.