MAHAMMED RAFFI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) A cinema house going by the name National Theatre is located at Rajaji Street, Tambaram, Madras. One Mohammed Raffi and One G. Annamalai are respectively the Operator and the Assistant Operator while one Venkatachalam and one K. Venugopal are respectively the Manager and the booking clerk.

(2.) An English film GIRL has been exhibited for the shows on 11.11.1990. At about 22.50 hours, the Inspector of Police, Tambaram along with certain Police Personnel was on patrol duty in the vicinity of the said theatre. At that time, one of the viewers of the film exhibited in the theatre, namely one Kesavan was said to have complained to the Inspector of the obscenity looming large in the film he had seen in the theatre.

(3.) Immediately thereafter the Inspector, after giving message through V.C.R. to the Superintendent of Police and on his instructions, raided the theatre and seized the film reel GIRL containing the blue film attached to the regular film. Thereafter, a case in Crime No. 1852/90, D.l. Tambaram Police Station had been registered for the alleged offence under Section 294(A) I.P.C. and Section 7(l)(b) of the Cinematograph Act, 1952 (Central Act XXXVII of 1952 - for short the Act) impleading the Operator, Assistant Operator, Manager and the Booking Clerk as accused 1 to 4 respectively.