LAWS(RAJ)-1949-10-7

KISHORI LAL Vs. REX

Decided On October 31, 1949
KISHORI LAL Appellant
V/S
REX Respondents

JUDGEMENT

(1.) THE applicant stands convicted Under Section 18 (1) of Central Act, xxin [28] of 1931 and sentenced to undergo one month's simple imprisonment. The case of the prosecution was that on s, search being made of the house of the applicant a number of 'unauthorized news, sheets' were re. covered from his possession, and had been kept by him for purposes of distribution.

(2.) THE first point taken up in revision before the Court is that the documents in question are no 'news-sheets' within the meaning of Section 5 (6) of the Act which lays down that 'news-sheet' means any document. . . . . containing public news or comments on public news or any matter described in Sub-section (1) of Section 4. The matter desoribea in B. 4 (1) (d) is to bring into hatred or contempt Hia Majesty oe the Government established by law in British India or the administration of justice In British India or any class or section of His Majesty's subjects in British India, or to excite disaffection towards His Majesty or the said Government.

(3.) THE contents of the documents have been read out in Court, and certainly offend against the provisions of Section 4 (1) of the Act. The contents in question have been described in the judgments of the trial Court and the Court below in full and need not be reiterated. The counsel for the applicant himself ultimately had to admit that the contents of the 'news-sheets' were unfortunately not very happily worded. :