RUP LAL KAPUR Vs. STATE

JUDGEMENT

(1.) This is an application preferred by the accused in C. G. No. 1128 of 1954 on the file of the Chief Presidency Magistrate, Egmore. The accused was undefended in the lower Court. He was not represented in this Court to argue this petition. He was prosecuted for an offence under Section 235-A, I. P. C. but was acquitted of that offence. After acquitting the accused, the learned Magistrate passed an order confiscating some of the material objects, M. Os. 3 and 4, and directing the destroyal of M. Os. 1, 2, 5 and 6. Though the accused is not present in Court, the learned counsel who appears for the State Prosecutor has taken me through the evidence and the judgment and has pointed out how the order of the leamed Chief Presidency Magistrate, i.e., the order relating to the confiscation which he purports to pass under Section 99-A, Criminal P. C. is not sustainable.

(2.) The facts which led up to the prosecution are these: the police happened to search the premises which was occupied by the accused and in the search they seized certain books, 206 in number, named, "The Third Religion". A search list was prepared. There was also a bundle of composed matter for the book, M. O. 2, typed materials, M. O. 3 series and a chassis containing composed type M. O. 4. These books were proscribed by the Punjab Government by a Notification dated 21-7-1953 and the Punjab Government had declared those books to be forfeited.

(3.) The possession of these books is not disputed by the accused in his statement in the lower Court and the learned Magistrate has acquitted the accused on the ground mainly that though these books were found in the possession of the accused, there is no evidence that he by any means circulated them to any person or that he did any positive act to circulate the books to others. The learned Magistrate was certainly justified in acquitting him of the offence under Section 295-A on the ground mentioned by him; but the learned Magistrate has ordered the confiscation and destroyal of the books holding that under Section 99-A, Criminal P. C., the proscribed books can be seized and confiscated. Section 99-A, Criminal P. C. says: