Prabhu Charan Ram vs Emperor

Agarwala, J.—This is a reference by the Deputy Commissioner of Singhhum recommending the setting aside of a fine impose on one Probhu Charan Ram on a conduction under Rr. 2 (2) (a) and 36 (1), Bihar and Orissa Highwys Act of 1926. The conviction is recommended to be set aside on the ground that the alleged encroachment is of long standing having been constructed many years prior to the enactment of the Bihar and Orissa Highways Act in 1926 and that the Act has no retrospective effect. The Act was enacted, among other things, for the "prevention of obstruction and encroachments on Government roads." S. 4. empowers the Local Government to make rules for the prevention of obstructions and encroachments and of nuisances on or near such roads. A breach of the rule, made under the Act is punishable with a line. But it is clear that the rule contemplated by S. 4 is a rule for the "prevention" of obstruction and that a rule under that section cannot be construed as a rule providing for the punishment of the existing constructions. Reference is accepted and the conviction and sentence are set aside.