STATE OF KERALA Vs. K GOPALAN NAIR

JUDGEMENT

(1.) This appeal is by the State against acquittal of the respondent who was found smoking in the Auditorium of the Prakash Talkies, Chirakkal, by the Sub Inspector of Police, Baliapatam, while a show was on. The respondent was charged under S.10(2) of the Kerala Cinemas (Regulation) Act, 1958, for violation of R.40(A) of the Kerala Cinemas (Regulation) Rules, 1958. Shri. Kaviraj, the Sub Magistrate, Cannanore, accepting the testimony of the Sub Inspector, found the respondent to have committed the act charged, but acquitted him, holding:

(2.) R.40(A) of the Kerala Cinemas (Regulation) Rules, 1958, says "Smoking shall not be permitted within the Auditorium." What is prohibited is not only the licensee's permitting spectators to smoke, but smoking within the Auditorium. I find no indication in the rule that its obligation is only on licensees of theatres, and not on "the public who go there". What the law says "shall not be permitted" it prohibits imperatively. To say that the Rule is only a direction to the licensee for his observance and that it has no reference to the public as the Sub Magistrate has done is to take the sap out of the Rule. The object of the Rule, which is obviously for the benefit of the generality of cinemagoers, makes it clear that its obligation is not on the licensee alone but on one and all in the auditorium of a theatre.

(3.) R.2 of the Kerala Cinemas (Regulation) Rules commands,