K. C. CHUNDER, J.

( 1 ) THIS is a reference made by the Sessions Judge of Midnapur against a sentence of daily fine imposed upon one Harish Chandra Mahanty under section 5 of the Bengal Highways Act, 1925, for violation of Rule 31 (2) o that Act. The substantive offence committed is obstruction on or near a public highway. The magistrate imposed a fine for the obstruction. Upto this portion the learned Magistrate's order is correct. Then he proceeded to direct the accused"to remove forthwith the obstruction and the unauthorised structure failing which the accused shall pay a daily fine of Re. 1/- for every day during which the breach is continued after this conviction. . . . . . . . . ,. . . "this part of the order imposing a daily fine, not in accordance with section 5 of the Act. Section 5 runs thus:"in making any rule under this Act, the Provincial Government may direct that abreac thereof shall be punishable with a fine which may extend to ten rupees, and when the breach is a continuing one, with a further fine not exceeding one rupee for every day after the date of the first conviction during which the offender is proved to have persisted in the offence. "this section only em

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