( 1 ) THE petitioner hag been convicted under Section 386 (i) (c), read with Section 488, Calcutta Municipal Act, for having kept some cattle at NOS. 22a and 22b, Southern Avenue, without having a license therefor. The sentence passed upon him is the maximum provided for in the section, viz. , a fine of Rs. 250, but the learned Magistrate added that in default of payment he was to undergo simple imprisonment for 40 days. It appears that after recording the conviction the Magistrate purported to proceed under Section 388, Criminal P. C. , but as the petitioner was not prepared to take advantage of the option provided for in that section, the learned Magistrate was prepared to send him to jail. But shortly thereafter a brother of his appeared and offered bail and on that bail he was released.

( 2 ) IT is not disputed that the petitioner did keep a few heads of cattle at the premises concerned and that at the relevant time he did not hold any license which would authorise him to use the place for keeping cattle. Even in the petition to this Court it has not been claimed that the petitioner held any license at the time or that the finding that he wag keeping cattle a