AJAY HARKERNI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : In this application the writ petitioner prays for stopping of any further investigation pursuant to an F.I.R. dated 10.8.88, a copy whereof is at page 25 of the annexures to the writ petition. According to the said Report four film of pornographic nature were seized from the video shop of the writ petitioner. It is stated in the said F.I.R. that the same amounts to an offence under section 7(1) (a) (i) of the Cinematograph Act, 1952.

(2.) The said section is reproduced below :

(3.) A bare perusal of the above sub-section shows that the essential ingredient of the offence is either an exhibition of an uncertified film or a permission of the exhibition of such a film.