KISHAN NARAYAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision application by one Kishan Narayan, owner of a printing press in Jodhpur, against his conviction under Section 12 of the Press and Registration of books Act, 1867, for a breach of Section 3 of the Act.

(2.) THE only question for determination in this case is whether a leaflet, which has been held by both the courts below to have been printed in the press of the applicant, is a book within the meaning of the Press and Registration of Books Act, 1867, as it stood in 1952. Questions of fact cannot be gone into in revision in the face of concurrent finding of facts by the two courts below. Section 3 lays down that every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing. The contention of the applicant before the court below was that the leaflet in question does not fall within the definition of 'book' contained in the act. 'book' is defined as including every volume, part or division of a volume, and pamphlet in any language, and every sheet of music, map, chart, or plan separately printed. The learned Sessions Judge has held that the leaflet in question was a pamphlet. In my opinion, his decision is correct.

(3.) ON behalf of the applicant State v. Udit Narain, AIR 1955 All 524 (A), was cited. In that case it was held that a notice announcing holding of a public meeting to oppose the transfer of a Deputy Commissioner was neither a book, nor a paper within the meaning of the Press and Registration of Books Act, 1867. It was laid down that the word 'paper' was intended to cover all those papers which could not be defined as 'books', or 'newspapers'; but which had historical, cultural or literary value.