NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE question for consideration in these Revision petitions is whether the Proprietor and Manager of a Printing Press who had nothing to do with the authorship of certain obscene literature and the editing and circulation of it are liable to be convicted under S. 292 (a) of the Indian penal Code and S. 3 (1) (a) and (b) of the Young Persons (Harmful Publications)Act, for short, the Harmful Publications Act.

(2.) THE Revision Petitioners are the second and third accused in C. C. Nos. 110 and 111 of 1969 on the file of the District magistrate, Quilon. THE accused persons are the same in both the cases. While the third accused in the two cases has filed Crl, R. Ps. 150 and 151 of 1970 the second accused has filed Crl. R. Ps. 152 and 153 of 1970.

(3.) THE accounts of the S. N. V. Press produced in the case show that for printing the bi-weekly charges were paid to the press by the first accused. Profit or loss on account of the sales of the bi-weekly was to be enjoyed or sustained as the case may be by him alone and not by the second or third accused who had no interest whatsoever in the editing and publishing of it. THE Press in printing it was only doing job-work.