CHINGANGBAM GOURAHARI SINGH Vs. UNION TERRITORY OF MANIPUR,

JUDGEMENT

(1.) IN this revision petition, the petitioner who is the proprietor and keeper of a Printing Press, called the Azad Printing Works in Paona Bazar, Imphal, is challenging his conviction under Section 188, I. P. C. and under Section 12 of the Press and Registration of Books Act, 1867. He was sentenced by the S. D. M., I. W. to one month's S. I. under Section 188, I. P. C. and two months' S. I. and a fine of Rs. 100/ - under Section 12 of the Press and Registration of Books Act, 1867. But the appellate Court while maintaining the conviction reduced the sentences of imprisonment to the period already undergone and maintained the sentence of fine.

(2.) ON 28.4.1960, a pamphlet Ext. A/1 was published in Imphal in the name of the Assembly Demand Co -ordination Committee. It showed that the name of the printer was mentioned by the initials 'A. P. W.' which stood for Azad Printing Works. Ext. A/1 contained the offending words "Maneater Raina go back". At that time the agitation demanding a Legislative Assembly was in full swing in Manipur, and the District Magistrate had issued the order Ext. A/13 under section 144, Criminal Procedure Code on 25.4.1960 prohibiting any person from publishing, printing, selling or distributing any unauthorised or unsigned news, pamphlet or hand -bill. A search warrant was issued on 30.4.1960 and the original manuscript Ext. A/2 and some printed copies of the pamphlet Ext A/1 were seized from the Azad Printing Works. It will be seen from the original manuscript that it was signed by one Th. Bira Singh for the Assembly Demand Co -Ordination Committee, but in the printed pamphlet, the name was omitted and merely "Assembly Demand Co -Ordination Committee" was mentioned.

(3.) THE petitioner was then charged as the keeper of the Printing Works under Section 188, I. P. C. for violation of the order under Section 144, Criminal Procedure Code and under sections 12 and 13 of the Press and Registration of Books Act, 1867, for violation of the rules under Sections 3 and 4 of the said Act on the complaint of the District Magistrate. He was examined in the Magistrate's Court on 5.8.1960 before the regular trial started. He stated then that Ext. A/1 was printed in his Azad Printing Works on receipt of the manuscript with a forwarding letter from the Secretary, Co -ordination Committee of the Agitation and that the name, of the press was printed but not the location of the Press. This forwarding letter was not produced by him at the trial. In the subsequent statement dated 16.8.1960 after the prosecution evidence was let in he further added that most of the private Presses in Manipur do not follow the rules required under the Press and Regulation of Books Act strictly and published material without giving the particulars.