REGENT COMPUTRONICS PVT. LTD.

G ALAVANDAR Appellant

V/S

STATE OF TAMIL NADU Respondents

Referred Judgements :-

KING V. DEAN OF ST.ASAPH [REFERRED TO]
REX V. COBBETT [REFERRED TO]
SCHENCK V. U.S. [REFERRED TO]
FROHWERK V. U.S. [REFERRED TO]
CROWN V. BHAWANI DAS [REFERRED TO]
EMPRESS V. JOTI PRASAD [REFERRED TO]
GITLOW V. STATE OF NEW YORK [REFERRED TO]
NEAR V. MINNESOTA [REFERRED TO]
WHITNEY V. CALIFORNIA [REFERRED TO]
STROMBERG V. CALIFORNIA [REFERRED TO]
CHAPLINSKY V. STATE OF NEW HAMPSHIRE [REFERRED TO]
JAMISON V. STATE OF TEXAS [REFERRED TO]
LOVELL V. GRIFFIN [REFERRED TO]
SCHNEIDER V. IRVINGTON [REFERRED TO]
AMARNATH V. STATE OF PUNJAB [REFERRED TO]
UNITED PUBLIC WORKS V. MITCHELL [REFERRED TO]
KODACS V. COOPER [REFERRED TO]
TERMIENALLS V. CHICAGO [REFERRED TO]
STATE V. AHMED [REFERRED TO]
RAGHUBAR SINGH V. EMPEROR [REFERRED TO]
BRIJ BHUSHAN VS. STATE OF DELHI [REFERRED TO]
SIHNU VS. LACHMAN DASS [REFERRED TO]
W N SRINIVASA BHAT VS. STATE OF MADRAS [REFERRED TO]
PATTAMMAL ARUMUGAM VS. CHIEF PRESIDENCY MAGISTRATE [REFERRED TO]
BHARATI PRESS VS. CHIEF SECRETARY [REFERRED TO]
CHANNING ARNOLD VS. EMPEROR [REFERRED TO]

JUDGEMENT

(1.) THIS criminal revision is directed against the conviction and sentence of the learned Fifth Presidency Magistrate, Madras, in C. C. No. 10098 of 1955.

(2.) THE facts are: The revision petitioner, Alavandar, is the keeper of the Jana sakthi press at No. 38 Mount Road, Madras-6. It was found from two pamphlets entitled "madras Preparatory Committee 5th World Festival of Youth and Students for Peace and Friendship" and its Tamil equivalent, that the petitioner had failed to print on them the name of the printer and the press as required under Section 3 of the Press and Registration of Books Act, 1867, and Rule 2 of the rules framed under Section 20 of the said Act, Therefore the Chief Presidency Magistrate filed a complaint under Section 12 of the aforesaid Act.

(3.) THE statement of this Alavandar was that he was the keeper of the Jana Sakthi press, that the pamphlets in question were printed at the said press, that the name of the printer and the person as required under Section 3 of the Press and registration of Books Act and Rule 2 of the rules have not been printed and that the omission to print the name of the printer and the place of printing was due to oversight. But he pleaded not guilty as he contended that Section 3 of the impugned Act was inconsistent with the fundamental right guaranteed under article 19 (1) (a) to all citizens, viz. , the right to freedom of speech and expression. The learned Magistrate who was requested to make a reference under Section 432 (2), Cri. P. C. , declined to do so on the ground that first of all there was no restriction of the right to the freedom of speech and expression and secondly, that even if there was such a restriction. St was a reasonable restriction imposed in the interests of the general public and saved by Article 19 (6) of the Constitution of india. Therefore, he found the accused guilty and sentenced him to pay a fine of rs. 4. Hence this revision.

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G ALAVANDAR Vs. STATE OF TAMIL NADU

Referred Judgements :-

JUDGEMENT

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