JUDGMENT

Dalal, J. - The laxity with which penal statutes are made use of by public bodies is a matter of grave concern. No one takes the trouble of reading the law before launching a prosecution. In the present case the applicant has been convicted of an offence under the Municipal Act, Section 307 (b), on the ground that within the limits of a Municipality he erected a new part of a building or made material alterations therein without the Board's permission. Obviously Clause 2, Section 178, Municipalities Act, was lost sight of that the notice referred to in Sub-section 1 to be given by a person, who desires to erect a new part of a building or to make material alterations, shall only be necessary when the building abuts on or is adjacent to a public street or place or property vested in His Majesty or in the Board. In the Magistrate's Court everything was taken for granted. It appears, however, that the reason for prosecution was clearly defined in the Sessions Court, and it was alleged that the buildings adjoined a public road. The Sessions Judge pointed out that what is marked by 1 on Ex. E was nowhere near a public road. The Sessions Judge says that the building marked 2 was