STATE Vs. N B HANKINS

JUDGEMENT

(1.) THIS appeal under Section 417 of the Code of Criminal Procedure raises the question whether-a certain notification issued by the Chief Commissioner of Delhi in the year 1942 is consistent with the provisions of the Cinematograph Act 1952.

(2.) ONE Mr. N. B. Hankins, proprietor of a cinema, was prosecuted under Section 14 of the cinematograph Act, 1952, on the ground that on the 15th July 1955 he had exhibited a film known as, 'aar Paar' at the military depot at Shakurbasti for the entertainment of troops without obtaining a licence in this behalf. The learned Magistrate was of the opinion that it was inequitable that the respondent should be prosecuted and that no action should be taken against the military authorities who were in charge of the grounds and who had allowed the military depot to be used in contravention of the provisions of the statute. He accordingly dismissed the case and ordered the acquittal of the respondent. The State Government is dissatisfied with the order of the learned Magistrate and the question for this Court is whether the learned Magistrate has come to a correct determination in point of law.

(3.) SECTION 9 of the Cinematograph Act, 1918, was in the following terms:--"the Provincial Government may, by order in writing, exempt, subject to such conditions and restrictions as it may impose, any cinematograph exhibition or class of cinematograph exhibition from any of the provisions of this Act or of any rule made thereunder. "