KOTTAPALLI RAGHAVIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner in this case has been convicted of an "offence under Section 2A Madras Maintenance of Public Order Act, 1947, and sentenced to simple imprisonment of six months by the trial Court which was reduced to three months by the appellate Court.

(2.) The petitioner can be convicted under Section 2-A only if he knowing or having reason, to believe that an order for detention has bean passed in respect of the person who is said to have been harboured by the petitioner. The order of detention passed by the Government has not been filed in this case. Under Section 64, Evidence Act the order must be proved by filing an order itself. No secondary evidence of the order is permissible unless the conditions mentioned in Section 65 are satisfied. It is not the case of the prosecution that their action falls within the scope of Section 65, Evidence Act. The evidence of a newspaper in which it was stated that a person was wanted is not sufficient, especially when knowledge or reason to believe has to be proved by prosecution. The case is covered by the Privy Council ruling in -- 'Iswaramurthi Goundan v. Emperor', reported in AIR 1944 P. C. 54.

(3.) The conviction and sentence are set aside and the accused is acquitted.