JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) COURTS below found petitioner guilty of the offence punishable under S. 292 (2) (a) IPC. On the evening of 24-8-1982, Pw 6 Sub inspector of Police raided the premises where petitioner was residing, and seized obscene books, about 900 in number. Under Ext. P4 search list, these were taken into custody. Seizure Mahazar was attested by witnesses and petitioner himself.

(2.) ANOTHER person was also charge sheeted, tried and convicted. He is undergoing imprisonment. Prosecution case is that, books authored by petitioner, were printed at the press of the other accused.

(3.) IT was contended by counsel that mere possession of obscene books, is not an offence. The view taken by Courts below, according to counsel, is that, such possession by itself is an offence. In the instant case, as many as 900 copies of obscene books were found in the possession of petitioner. True, there is no evidence that he sold or distributed the books. But, even without that, possession of books of identical nature in large quantities raises an inference that, such were intended for sale or distribution. Nature of the article, the quantity and attendant circumstances can raise an inference regarding the purpose for which it was stored. I am of opinion that such large quantities were stored by petitioner consciously, not for the sake of storing, but for selling or distributing. Petitioner is, therefore, guilty of the offence under S. 292 IPC.