VENUGOPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The first of these petitions is by one Venugopal, who has been charged by the state before the Third Presidency Magistrate, under Section 49A, Madras City Police Act, for the alleged offence of keeping for sale a bi-weekly called "the Original Vel Sporting News" printed and published at Original Vel Printing Work, Madras-1, and who prays that this court may be pleased to call for the records in the said C. C. No. 5429 of 1953 on the file of the Third Presidency Magistrate, Saidapet, Madras and quash the said proceedings. In the next three revision cases, the petitioners were charged for a similar offence before the Chief Presidency Magistrate's Court, Egmore, in C. C. Nos. 1867, 1863 & 1869 of 1953 & they were convicted under the said Section 49A, City Police Act & sentenced to pay a fine of Rs. 25 each. These petitioners have now preferred revision petitions against the convictions and sentences by the learned Chief Presidency Magistrate, Egmore, who delivered a common judgment in all the three cases.

(2.) In the petition before me for quashing the proceedings pending before the Third Presidency Magistrate in C. C. No. 5429 of 1953 the offending publication is a biweekly called "The Original Vel Sporting News" printed and published by one Sri V. Balasubramani at the Original Vel Printing Works, Madras. This bi-weekly is alleged to be in circulation over since 1936 and no action has been ever taken against its sale so far. It was registered as a bi-weekly and bears a registration No. M. 3774 and is priced annas four a copy. The first six pages of this bi-weekly dated 21-111953 (Vol. 16) No. 180 contain news about "The Cricket Test at Delhi" "The Duncan Cup Cricket at Madras" "Five Lucky Charms", "The Queen and the Riddle of Minister's summons to Sunday talks at Castle" "Herbert Morrison's attack" and various other miscellaneous news including "Hitler's valet held by Reds" and about "Peter" the world-beating athelete, "Stopping Zatopek" and so forth. The news on pages 7 to 11, both inclusive, relates to the "Track Work at Guindy" "Spurts" "Madras Races (Autumn Meeting)" and "Acceptances for Madras races to be run on Sunday, 22nd November 1953" and also news about Madras races 1952-53 Of the I5th November 1953. The rest of the pages from 12 to 16, both inclusive, contain news about the "President's Diagnosis", "Russian Hydrogen Bomb" "Problems in and out of Russia", "High Court for Andhra", "Next English Cricket session". "Pool for independents", "Borneo and Juliet--at 71 and 72", and news under the caption "No doubt about it, Lucy Won Title" who is said to be the new light weight champion of Great Britain. It will be observed that the racing news, both past and future, is contained only in pages 7 to 11 of this bi-weekly. That is said to be the offending matter in respect of which the petitioner has been charged. It must be stated at the very outset that the petitioner is neither the printer nor the publisher, but is only a vendor of the bi-weekly, apparently on some business terms. The charge against him is, as could be gathered from the evidence of the Sub-Inspector of police J-1 division, that on 22-11-1953 at about 2-30 p.m. the petitioner was found on the race course, Guindy, selling the Original Vel Sporting News containing mainly information regarding the horses running in Madras races on 22-11-1953 and giving information regarding tips on horses in each race event. The Sub-Inspector seized from the petitioner 87 copies of that bi-weekly under a mahazar and filed a charge-sheet under Section 49A, Madras City Police Act.

(3.) The main point raised by M. K. Nambiar appearing on behalf of the petitioner in the quashing proceedings is that Section 49A, Madras City Police Act hereinafter referred to as "the Act" is 'ultra vires' of the Constitution particularly as it offends both Articles 14 and 19(1)(a) of the Constitution. Before this point is considered it is necessary to set out the relevant section, viz., 49A and the rules framed thereunder. In the Madras City Police Act (Act 3 of 1888) as amended by the Madras City Police Act Gaming (Amendment) Act, 1949, (Madras Act 7 of 1949} a new Section (Section 49A) was introduced in 1949. That section is in the following terms: