MAHESH CHANDRA GUPTA Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Mahesh Chandra Gupta and Umesh Chandra Gupta to challenge their conviction of an offence punishable under Sections 9 and 11 (c) of the Prize Competitions Act, 1955 (to be referred hereinafter as the Act) for contravention of the provisions of Section 4 thereof. They have both been sentenced to a fine of Rs. 600/-, Rs. 500/- each under Section 9 and Rs. 100/- each under Section 11(c), in case of default, three months' Rule 1.

(2.) The Act was passed on October 22, 1955, but came into force on April 1, 1956. No notification pertaining to the appointment ot licensing authority was published till August 25, 1956; and no general or special order as contemplated by Section 14 of the Act was passed till then. The result was that even though the Act came into force on 1-4-1956, there was till 25-8-1956 no licensing authority to whom an application for the grant of licence under Section 6 could be made, nor was there any special police officer who could act under Section 14 of the Act.

(3.) Prize competitions though promoted and conducted by the applicants from Bulandshahr within the State of Uttar Pradesh were meant to be availed of by persons living outside India. When one of the winners did not receive the prize money, he made a complaint to the Government of India and the matter was in due course entrusted to a C. I. D. Inspector for inquiry. On 5-8-1950 the C. I. D. Inspector moved the competent Magistrate for the grant of permission to investigate the crime. Permission was given the same day and the Inspector forthwith searched the house of the applicants when many articles relating to prize competitions were recovered from therein.