MADHUSUDAN MAHANTI Vs. EMPEROR

JUDGEMENT

(1.) This is a reference under Section 438, Criminal P.C., by the learned Sessions Judge of Cuttack recommending that the conviction and sentence passed on the accused Madhusudan Mahanti by a 1 class Magistrate, Cuttack, in two cases under Section 16, Press and Registration of Books Act (Act 25 of 1867), may be set aside. The cases were started on the com-plaint of the Sub-Deputy Magistrate in charge, Book registration, Cuttack, to the effect that the accused did not deliver to his office, as required under the provisions of Section 9 of Act 25 of 1867, copies of two pamphlets printed in Oriya, namely, (1) "Appeal to Guardians" dated 6 April 1939 and(2) "Nikhil Utkal Chhatra Sangha-Bul letin No. 1" dated 3 April 1939.

(2.) The accused is admittedly the printer of a press known as the "Observer Press" at Cuttack. The trying Magistrate found that the two documents in question which in his opinion are pamphlets and as such fall within the definition of "book" as given in Act 25 of 1867 were printed in the said press of the accused and he did not deliver copies of the same to the office of the complainant as required by the provisions of Section 9 of the Act. Accordingly in both the cases he convicted the accused under Section 16 of the Act and sentenced him to pay a fine of Rs. 25 in each case and in default to suffer one month's simple imprisonment. The accused filed applications in revision before the Sessions Judge of Cuttack who has made the reference to this Court. The learned Sessions Judge is of opinion that "either of the two documents in respect of which the accused has been convicted is a book as defined in Act 25 of 1867. In Section 1 of the Act a book is defined as follows: "Book" Includes every volume, part or division of a volume, and pamphlet, in any language, and every sheet of music, map, chart or plan separately printed or lithographed.

(3.) The question therefore is whether the documents in question come within this definition. In one case "Nikhil Utkal Chhatra Sangha--Bulletin No. 1" Ex. 2 consists of one sheet of paper with two printed pages. In the other case "Appeal to Guardians" Ex. 1 consists of one folded sheet of paper with four pages. The learned Sessions Judge is of opinion that a pamphlet must consist of more than one sheet and therefore the document which only contains one sheet cannot be a pamphlet. According to Oxford Dictionary "pamphlet" means: (1) A small treatise occupying fewer pages or sheets than would make a book, composed and written, or printed, and issued as a separate work, always unbound, with or without paper covers; (2) More specifically, a treatise of the size and form above described on some subject or question of current or temporary interest, personal, social, political, ecclesiastical, or controversial, on which the writer desires to appeal to the public.