SUBAS CHANDRA PALO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE short question that arises for consideration in this writ application is whether the District Magistrate is empowered to convict and punish a person as per the provision contained in Section 7 of the Orissa Cinema (Regulation) Act, 1954.

(2.) THE petitioner was granted licence to exhibit films on video at Baliguda which was valid up to 20 -6 -1994. Before expiry of the licence he applied on 27 -6 -1994 for renewal of the said licence The licensing authority, i. e., the District Magistrate Phulbani -opp. party No. 2 in his letter dated 1 -7 -1984 declined to renew the licence The petitioner chellenged the said decision by filing a writ application in this Court vide OJC No. 4674 of 1994. This Court disposed of the said writ application giving liberty to the petitioner to avail the statutory remedy of appeal. While the matter stood thus notice dated 2 -8 -1994 (Annexure 1) was issued calling upon the petitioner to show cause as to why the video licence would not be cancelled for exhibition of unauthorised adult video cassettes. The petitioner duly submitted his reply to the said notice denying the allegations.

(3.) SECTION 8 empowers the licensing authority to revoke licence if the holder of such licence has been convicted of an offence under Section 8 of the Cinematograph Act, 1952 or under Section 7 of the Act. Section 7 of the Act states that if the owner or person in -charge of a cinema uses the same or allows it to be used in contravention of the provisions of the Act or the rules made thereunder or of the conditions and restrictions upon or subject to which the licence was granted under the Act, he shall be punishable with fine which may extend to one thousand rupees and in case of a continuing offence with a further fine which may extend to one hundred rupees for each day during which the offence continues. Sub -section (2) of Section 7 says that offence punishable under Sub -section (1) shall be cognisable. As already indicated, is the licensing authority, the District Magistrate, empowered to hold a person guilty under Section 7 of the Act? To decide the said question, we have to refer to Section 26 of the Code of Criminal Procedure. The said provision provides about the Courts by which offences are triable. It reads, so far as relevant, as follows :