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TMI Blog1936 (8) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... the form of exhibit 3, giving notice of two meetings of agriculturists which were to be held in order to support certain resolutions being brought up in the Bombay Legislative Council, and it is suggested, and the learned Magistrate so held, that in so doing he was guilty of an offence under Section 12 of the Act inasmuch as the handbills did not comply with Section 3. 2. Two points arise on the reference, first, whether exhibit 3 is a paper printed within the meaning of that expression in Section 3 of the Act, and, secondly, if it is, whether the action of the accused in distributing this pamphlet or paper amounted to publication, and so constituted an offence under Section 12. 3. With regard to the first point, Section 3 of the Act pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted by practically everybody from the Viceroy and Governors downwards. Every invitation to dinner or to a party of any sort which is printed, every printed notice from a club secretary to members, every printed visiting card would be ' paper printed' within the meaning attributed to the expression by the Advocate General, and would require to have printed upon it the name of the printer and place of printing. No doubt Section 21 provides some safeguard in that it enables the Government to exclude certain classes of books or papers from the operation of the Act, but I should certainly feel great hesitation in giving to the words used in Section 3 the wide meaning attributed to them in the argument of the Advocate General. However, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in most cases such assumption would be quite contrary to the facts. There is no evidence in this case that the accused published exhibit 2, and on that ground the reference of the learned Judge is correct. The conviction must be set aside, and the fine repaid. K.B. Wassoodew, J. 4. I should add nothing on my own account to what my Lord the Chief Justice has just said in regard to the alleged offence of the accused, but for the fact that the question raised is of some general importance so far as the actual decision is concerned. The accused was convicted under Section 12 of the Press and Registration of Books Act, Act XXV of 1867, for having published a pamphlet in Marathi purporting to be issued under the signature of the Secretary to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gislature in enacting Sections 3 and 12, a paper on which any kind of printed matter might appear other than news is not a paper printed within Section 3. If it was, it would bring within the scope of the penal provisions many kinds of printed matter which have hitherto been allowed to be printed and circulated with impunity. 5. It is, however, unnecessary to attempt to explain precisely what is meant by the expression " paper printed" in Section 3, because I am clearly of the opinion that a mere distributor or seller of a book or other printed paper is not a publisher within the meaning of Section 3. That word is used in a technical sense meaning a person who has undertaken to print certain matter for public circulation. It is e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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