NORANGLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the orders dated 12th May, 2009 and 6th November, 2009 rendered by the learned Judicial Magistrate, No. 1, Sikar and learned Additional Sessions Judge, No.2, Sikar respectively, whereby the learned trial court ordered to frame charge against the accused petitioner Noranglal for the of-fence under Section 4 of the Indecent Rep-resentation of Women (Prohibition) Act, (1986 (hereinafter referred to as the Act,1986) and the same confirmed by the lear-ned Appellate Court.

(2.) Heard learned counsel for the petitioner as also the learned public prosecutor appearing for the State and carefully pe-rused the impugned orders rendered by the courts below.

(3.) Learned counsel for the petitioner took me through Section 5 of the 'Act, 1986' and contended that only a Gazetted Officer, authorised by the State Government was required to enter and search the place or places and seize any advertisement of any book, pamphlet, paper, slide, film, writing, drawing painting, photograph, representa-tion or figure in any case, registered at the concerned police station. In the instant case, the search has been taken by the Sub-In-spector, and the articles also are found to have been seized by Sub-Inspector, Vijay Singh of police station Kotwali, Sikar, who was not authorized to do so. In support of his arguments, he has cited the decision of this High Court given in the case of Abdul Hafiz & Ors. v. State of Rajasthan.,1998 2 RCC 693.