DIVYANG R PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Special Criminal Application under Sec. 482 of Criminal Procedure Code, the petitioners seek direction to quash CR. No. II/70/95 registered with Ranavav Police Station, Porbandar for offences under Secs. 6(1) and (1-A) of the Indian Wireless Telegraphy Act, 1933 (hereinafter referred to as 'the Act of 1933') and S.20(1) of the Indian Telegraph Act, 1885 (hereinafter referred to as 'the Act of 1885')

(2.) Twin contentions raised in this Special Criminal Application is firstly, whether in view of S.20(2) of the Act of 1885, the offence being non-cognizable, investigation by the police and proceedings thereof are illegal and void and secondly, whether in view of S.7 of the Act of 1933, which gives power of search only to officer specially empowered by the Central Government, vitiates the entire proceedings conducted at the hands of the local police ?

(3.) The contention requires consideration in the backdrop of following FACTS OF THE CASE : Petitioners are running a firm in the name of M/s. Veearsons. The said firm is engaged in electronic business and deal with various electronic items. The firm is also the distributors of Motorolla Company which manufactures cellular phones as well as wireless sets and various other electronic items. Mr. V. D. Gohil, Police Sub-Inspector, Ranavav Police Station visited the premises of Saurashtra Cement Ltd. on 20-9-1995 for varifying the enquiry papers in Enquiry Case No. 68 of 1995, wherein, near the control room, he noticed that one person named Ramlingam Paramguru was in possession of one walkie-talkie. He was also found using Motorolla wireless set. The Police Sub-Inspector suspected that it was without licence, and therefore, he enquired from the said person as to whether he had any licence authorising him to possess the said wireless set, whereupon the said person replied in negative. The P.S.I. seized the said wireless set. On further investigation, five more walkie-talkie wireless sets of radius of GP 300 type worth Rs. 1,50,000.00 and 16 old walkie-talkie sets of the type of C-5020 worth Rs. 80,000.00 manufactured by Electronic Corporation of India Ltd., were produced by the Instrumentation Manager and Control Room Incharge of the Company. As no bill or documents in support of the said articles were produced, they were seized under S.102 of the Cr.P.C. On further investigation, it revealed that the said six Motorala GP 300 walkie-talkie wireless sets were supplied to Saurashtra Cement Ltd., by M/s. Veearsons, Ahmedabad for which payment was made by cheque dated 27-7-1995 for an amount of Rs. 62,000.00. It also revealed that Saurashtra Cements do not have the requisite licence under S.3 of the Indian Wireless Telegraphy Act, 1933 for possessing wireless sets. The suppliers of the said wireless sets, i.e., M/s. Veearsons was also not having the licence. It was also disclosed that M/s. Veearsons were getting wireless sets of Motorola from Adino Telecom Ltd. Bombay and Veearsons was working as Distributors of Adino Telecom Ltd. of Bombay. Adino Telecom Ltd., of Bombay had demonstration licence dated 20-12-1994 valid upto 30-9-1995 which had been extended till 30-9-1996 for possessing, dealing in and demonstrating Motorola Wireless sets of GP 300, i.e., handstes (eight sets) and Motorola Wireless sets of GP 300, i.e., base sets (eight sets). It was also disclosed that it was on the strength of licence of Adino Telecom, M/s. Veearsons was not only operating but also advising its customers of wireless sets to operate. Thus, according to the police, the various parties committed offence under the Acts of 1885 and of 1933 as follows :