EMPEROR Vs. SUMATIBAI WASUDEO BACHUWAR

JUDGEMENT

(1.) THIS is an application in revision against the conviction of the applicant under Rule 39(6) of the Defence of India Rules, 1939. The offence under Rule 39, so far as relevant for the present purpose, is : under Sub-rule (1) being in possession of any document containing any prejudicial report, and under sub-r. (2) having on any premises in a person's occupation or under his control any document containing any prejudicial report.

(2.) NOW, the facts are not in dispute. Certain documents containing prejudicial reports were found in a box in the house occupied by the applicant and her husband. When the house was raided the husband was out and the applicant, i.e. the wife, produced all the family keys with one of which the box could be opened. In addition to the prejudicial reports there were some letters in the box addressed to the wife. The husband was convicted of being in possession of prejudicial matter, and though he appealed, the appeal was not pressed, and he has not applied in revision.

(3.) THAT being so, I think the application must succeed. The conviction and the sentence must, therefore, be set aside and the fine, if paid, should be refunded.