SECRATORY MUNICIPAL COMMITTEE Vs. YENKA KHATIK

JUDGEMENT

(1.) MACNAIR , Offg. J.C. 1. Yenka was convicted under the provisions of Section 199, C. P. Municipalities Act, for disobedience to a bye-law. He was fined Rs. 50 for his breach of the bye-law on 21st November 1928 and Rs. 5 for the subsequent days in which he persisted in the breach. The learned Sessions Judge has made a report under Section 433, Criminal P.C, as in his opinion Yenka should only have been fined Rs. 5 for his offence on 21st November 1928 The learned Sessions Judge states that Yenka had been committing the breach since 8th July 1928 and was only continuing the offence on 21st November 1928. Yenka had been convicted and fined for his disobedience during the period 9th July 1928 to 20th Nov. 1928.

(2.) IN my opinion the learned Sessions Judge has misread Section 199, Municipal Act. Section 199 clearly states that disobedience of a lawful direction shall be punishable by fine which may extend to Rs. 50. The words: and, in the case of a continuing breach, with further fine which may extend to five rupees for every day after the first during which the breach is proved to have been persisted in, do not detract from this provision