MANINDRA NATH CHOUDHURY Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an order of conviction under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950. Each of the petitioners was sentenced to rigorous imprisonment for six months. The copper telegraph wires concerned were confiscated.

(2.) The prosecution case inter alia was that on the morning of 16-2-1954, the petitioner boarded the Ghatal-Midnapore bus with two suit cases in each of which was a certain quantity of copper wires. The copper wires were alleged to be telegraph wires. At first the petitioners were charged with offences under Sections 379 and 411, Penal Code. These charges had to be abandoned owing to lack of evidence. Thereafter upon a complaint made by the Additional Superintendent of Police, Midnapore, on 26-4-1954, each of the petitioners was charged with an offence under Section 5 of the Telegraph Wires (Unlawful Possession) Act, 1950, for being in unlawful possession of telegraph wires. The learned Magistrate upon a consideration of the evidence before him convicted the petitioners' and sentenced them as aforesaid. The petitioners' appeal to the learned Sessions Judge was dismissed.

(3.) Mr. Sarnbhunath Banerjee on behalf of the petitioners has taken the point that in the absence of any compliance with the provisions of Section 7 of the Telegraph Wires (Unlawful Possession) Act, 1950, the convictions and sentences concerned were without jurisdiction. In our view, this contention must succeed. Section 7 (1) of the Act is as follows: