P MOHAN LAL GAUTAM Vs. EMPEROR

JUDGEMENT

(1.) This is an application by Mohan Lal Gautam for revision of an order convicting him of an offence under Section 18(1), Press Act.

(2.) The applicant was charged before the learned Magistrate with two offences, namely, one, under Section 18(1), Press Act, and the other under Section 17(2), Criminal Law Amendment. Act. He was convicted of both offences and sentenced to six months rigorous imprisonment in respect of each offence, the sentences to run concurrently. On appeal the learned Sessions Judge of the Allahabad District set aside the conviction and sentence under Section 17(2), Criminal Law Amendment Act, but affirmed the conviction end sentence under Section 18(1), Press Act,

(3.) In revision it is now contended before this Court that this conviction is bad in law as the proved and admitted facts disclose no offence against the section in question. The facts of the case are not in dispute and can briefly be stated as follows: On 15 December 1933, the applicant ordered from the Shive Press at Allahabad, 10,000 copies of pamplet entitled "Kisanon Sangathi Ho." The copies ordered were duly printed and were subsequently distributed in the rural areas though it appears that some copies were actually distributed in the City of Allahabad. Further the pamphlet was published verbatim in a Hindi paper called Partap on 18 December 1933, so it is therefore clear that the contents of this pamphlet was published on a fairly wide scale in the Districts surrounding Allahabad.