JUDGMENT - Chandrachud, J.

1. This revision application raises a question of some interest and importance. Stated briefly the question is whether the Commissioner for the Municipal Corporation of Sholapur has power to compound an Offence committed by the 1st respondent under Rule 29 (1) (d) of Chapter VIII of the Schedule to the Bombay Provincial Municipal Corporations Act, 1949, (hereinafter called "the Act"). The 1st respondent brought a scooter within the limits of the Municipal Corporation on the 6th February 1967 without paying the octroi duty. On the 15th of March, 1967, the Municipal Corporation filed the present complaint against the 1st respondent, charging him of the offence of importing the scooter without the payment of duty. The Municipal Commissioner compounded the offence on the 29th of May 1967 presumably in the purported exercise of the power conferred upon him by the bye-laws of the Municipality. The 1st respondent then filed a pursis before the learned Magistrate that the offence was compounded and, therefore, the complaint should be disposed of after recording the composition. By his order dated 24th of July, 1967, the learned Magistrate has held that the Commis

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