KASIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was prosecuted for the offence punishable under Section 3(1) read with Section 6(1) of the Young Persons (Harmful Publications) Act, 1956 (for short 'the Act').

(2.) The gist of the charge against the petitioner was that he had kept M. O. 1 and M. O. 2 (series) books for sale in his shop which, according to the prosecution, were harmful publications falling within the ambit of Section 2(a) of the Act. The books were seized by the police after a search made at the shop premises at about 6.30 a. m. on March 19, 1996 and charge sheet was laid against the petitioner accordingly.

(3.) The trial Court, after considering the oral and documentary evidence on record, held that the publication was "detrimental to public morals and calculated to produce a pernicious effect in depraving and debauching the minds of the persons into whose hands it may come". Resultantly, the petitioner was found guilty and convicted and sentenced under Section 3(1) read with Section 6(1) of the Act to undergo rigorous imprisonment for one year.