BUDDHADEV BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is a rule arising out of the revisional application filled by the accused petitioner Buddhadev Bose against his conviction under section 292 and 293 of the Indian Penal Code passed by Mr. H.S. Barari, the Additional Chief Presidency Magistrate, Calcutta convicting him along with one Supriya Sarkar of M. C. Sarkar & Sons, Publisher and Gopal Chandra Roy of Navani Printing Works as printer of the Bengali book 'Raat Bhore Bristi' written by the said accused petitioner Buddhadev Bose. The accused-Petitioner has been convicted both under section 292 and 293. He has been sentenced to pay a fine of Rs. 200/-in default to undergo simple imprisonment for one month under section 292 but no separate sentence was answered under section 293. The accused Supriya Sarkar of M.C. Sarkar & Sons (Pvt.) Ltd. the publisher and Gopal Ch. Roy of Navani Printing Works (Pvt.) Ltd. the printer of the book were also convicted under Section 292 and 293 of Indian Penal Code and sentenced to pay a fine of Rs. 100/-each in default S.I. to one month but they have not come up before under Section The learned Magistrate also ordered for seizure and destruction of all available copies of the said Bengali Novel 'Raat Bhore Bristi'

(2.) Mr. Karuna Sankar Roy appeared for the accused-petitioner and Mr. S. G. Poddar for the State and Mr. Barendra Nath Sur appeared for the complainant opposite partly No.2 Niladri Guha. We must say at he outset that the learned advocates argued the case with commendable abilities.

(3.) The Rule was issued by our learned Brother N. C. Talukdar, J. referred this matter to the Division Bench as the learned magistrate ordered confiscation of books in property and under proviso of Rule 9(2) of Chapter II of the Appellate Side Rules the matter is to be heard by Division Bench. Hence this matter came up before us.