AMIYA KUMAR BHATTACHARJEE Vs. EMPEROR

JUDGEMENT

(1.) This is a rule obtained by the accused who has been convicted under Section 12, Act 25 of 1867 and sentenced to pay a fine of Rs. 25 or in default to undergo 15 days simple imprisonment. The Magistrate has found that on the room, occupied by the accused, being searched certain leaflets were discovered by the police, that other copies of such leaflets were being distributed on the streets and daring inquiries in connexion with such distribution the accused was arrested. The Magistrate has, on the evidence, come to the conclusion that the accused has been distributing the leaflets. On that finding he has convicted the accused under Section 12, Act 25 of 1867, which lays down that whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in Section 3 of the Act shall, on conviction before a Magistrate be punished by fine not exceeding Rs. 2,000, or by simple imprisonment for a term not exceeding six months, or by both.

(2.) It is urged on behalf of the accused that in doing what he has been found to have done he cannot be said to have published the paper within the meaning of Section 12. I need not decide that point which does not appear to me to be altogether an easy one because there is another matter which appears to me to be of an insuperable difficulty in the way of prosecution. When we turn to Section 3 we find that it enacts that every book or piper printed within British India shall have printed legibly on it the name of the printer and the place of printing, and if the book or paper be published the name of the publisher and the place of publication.

(3.) It is conceded that those leaflets which are papers" within the meaning of Section 3, do not bear the name of the printer, the place of printing the name of the publisher or the place of publication. But the important point is that the legislature has not thought fit to apply a similar provision to books or papers printed outside British India. There is no evidence as to where the paper has been printed, and as has been suggested it is by no means impossible that it has, in fact, been printed outside British India.