SADA NAND Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) All the petitioners, namely, Sada Nand, Vinod Mehta, Mahinder Pal and Jasbir Singh, are common to all the above mentioned petitions under Section 482, Code of Criminal Procedure (hereinafter referred to as "the Code"). Since common questions of law and fact arc involved in all these petitions, I dispose of the same by this consolidated order.

(2.) The facts giving rise to these petitions succinctly are that M/s. Debonair Publications Private Limited, Bombay (for short "the Company"), publishes a monthly magazine entitled "Debonair" in English from Bombay. At the relevant time, namely. June and July 1977, Sada Nand, petitioner No. I, was cmnloyfcd with the Company and was working as printer and publisher of the magazine "Debonair". The second petitioner Vinod Mehta was editor of the said magazine while Mahinder Pal and Jasbir Singh, petitioners 3 & 4, were partners of a firm called Mis. News Centre situated at Delhi which was doing the business of selling the newspapers and magazines including "Debonair".

(3.) On 28th June 1977, Sadar Bazar Police seized a copy of the magazine "Debonair", June 1977 issue, from the shop of one Chiranji Lal at Chowk Baratooti on the ground that ths s^d magazine contained obscene matter viz. photos of naked women and a case under Section 292, Indian Penal Code (for short 'IPC'). being FIR No. 390177 was registered against the petitioners on its basis.