Specific statutory provision prevails over general rule; conviction for street obstruction was set aside.

Where conduct falls within a specific statutory provision, that provision prevails over a general one. The alleged obstruction arose from a vehicle kept standing near the kerb, so the case was governed by the specific rule regulating vehicles remaining standing in streets, not the general rule on occupation of street space. A conviction under the general provision was therefore unsustainable in law. The conviction was set aside and the fine ordered to be refunded.

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Issues: Whether the conviction for causing obstruction to traffic by keeping a vehicle standing in a street was sustainable under Rule 12 framed under Section 22(6) of the Bombay City Police Act, or whether the case fell under the specific rule regulating vehicles remaining standing in streets under Section 22(c).

Analysis: The alleged offence was not driving and obstructing traffic in the street, but keeping a car standing near the kerb and thereby obstructing traffic. The statutory scheme distinguished between the general power to regulate occupation of streets and the specific power to regulate the conditions under which vehicles may remain standing in streets and public places. Rule 1 under Section 22(c) specifically dealt with vehicles halted or kept standing in a street and required wilful obstruction, whereas Rule 12 was a general provision about occupying portions of a street. Where a specific provision covers the case, it must prevail over a general one.

Conclusion: The conviction under Rule 12 was in law because the case fell within the specific provision and not the general one. The conviction was set aside and the fine ordered to be refunded.

Final Conclusion: The petitioner succeeded in revision as the impugned conviction could not stand under the rule invoked.

Ratio Decidendi: When a statute contains both a general and a specific provision, and the facts fall within the specific provision, the specific provision alone governs and a conviction under the general provision cannot be sustained.

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