SURAJMAL JAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioners are owners of a video parlour in Umerkote of Koraput district. On 30-7-1988 the Officer-in-Charge of Umerkote Police Station raided the parlour and found that the petitioners were exhibiting a film named 'Kanwarlal' without having a licence for exhibition of the film which itself had not been certified for exhibition. Therefore, the V.C.R., the television, the screen and the other apparatus along with the film were seized and a first information was lodged against the petitioners on the allegations that they had violated the provisions of the Cinematograph Act, 1952 and the Copy Right Act, 1957. The petitioners moved the learned Judicial Magistrate, Umerkote for release of the seized articles, but their prayer was refused. Thereupon the learned Sessions Judge, Jeypore was moved in revision but by the impugned order he directed that the seized articles should be packed and sealed in the presence of the learned Judicial Magistrate and should be handed over to petitioner 1 to be kept in safe custody on execution of zimanama and undertaking to produce the same once in every month before the learned Judicial Magistrate and further be produced in Court at the time of trial for being proved and accepted as material objects. The aforesaid order has been harshly challenged in this case.

(2.) Learned counsel appearing for the petitioners contends that there is provision in law for seizure of the film, but there is no provision whatsoever for seizure of the apparatus for exhibition of films. Therefore, although the film can be kept in the custody of the Court as a piece of seized material object, the apparatus namely, the VCR, the television and the screen etc. should be made over to petitioner I so that they may be put to use or else their quality will deteriorate for prolonged non-user and storage. It is therefore necessary to examine this contention.

(3.) According to S.2, Cl.(c) of the Cinematograph Act, 1952 'cinematograph' includes any apparatus for the representation of moving pictures or series of pictures. According to Cl.(dc) thereof 'film' means a cinenmatograph film. From the aforesaid definition there is no doubt that a VCR, a, television and a screen with the help of which a film is exhibited come within the definition of 'cinematograph'.