STATE OF KERALA Vs. BROTHER JOSEPH

JUDGEMENT

(1.) This is an appeal filed on behalf of the State against the order of acquittal passed by the Second Class Magistrate of Trichur. The accused in the case was prosecuted for an offence under S.52 and 54 read with S.19 (iv) of the Kerala Police Act, 1960 (Act 5 of 1961) for contravention of the restrictions and regulations made in regard to the use of the sound amplifiers in notification No. F1-478/60 dated 3-5-1960 and for having disobeyed the directions given by the police officer Pw. 1 to stop the working of the sound amplifier.

(2.) On 29-12-61 the accused was found using a sound amplifier and playing recorded speech delivered by Rev. Fr. Vadakkan in the Thozhilali Office causing obstruction to the traffic and creating public nuisance. S.19 (iv) enacts that;

(3.) The learned Magistrate acquitted the accused on the ground that no order has been made under S.19 (iv) of the Kerala Police Act and the notification Ext. P-3 issued by the Superintendent of Police under S.23 (f) of the Travancore - Cochin Police Act cannot be considered as a valid notification, since S.70 (1) of the Act has repealed the Travancore - Cochin Police Act, 1951 and Clause.3 of the section has not preserved or kept alive the notifications passed under the repealed enactment, because the saving clause does not speak of notifications.