STATE OF BIHAR Vs. MANGAL SAO

JUDGEMENT

(1.) This appeal by special leave against the, judgment and order of the High Court at Patna raises the question, whether - to use neutral terms - the keeping or using of a radio set by a person without a licence would be an offence under S. 20 of the Indian Telegraph Act, 1885 (13 of 1885), hereinafter called the Act.

(2.) The respondent is a businessman, having a shop in the city of Patna. In November 1955 an inspector of Wireless Telegraph visited his shop and found a radio set being played therein. As he was using the radio without a licence he was prosecuted under Ss. 3 and 6 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and S. 20 of the Act. The Judicial Magistrate, Patna City, convicted the respondent under the said sections and sentenced him only under S. 20 of the Act to pay a fine of Rs. 200 and in default to undergo simple imprisonment for three months. On appeal the learned Sessions Judge, Patna confirmed both the conviction and sentence on revision, the High Court at Patna set aside the conviction and sentence under S. 20 of the Act, but confirmed the conviction under Ss. 3 and 6 of the Indian Wireless Telegraphy Act, 1933 and sentenced him to pay a fine of Rs. 100 and in default to undergo simple imprisonment for one month. The State of Bihar has preferred the present appeal against the order of acquittal made by the High Court under S. 20 of the Act

(3.) The High Court set aside the conviction under 5. 20 of the Act on the ground that the use of a Wireless receiving set without a licence would not be an offence under the said section having regard to the provisions of S. 4 of the Act. Mr. Varma, learned Counsel for the state, canvasses the correctness of that decision.