Judgment

SUBBA RAO, J. : This appeal by special leave is directed against the order of the High Court of Punjab (Circuit Bench), Delhi confirming the conviction of the appellant and the sentence passed on him by the Magistrate, First Class, Delhi, under S. 6(1-A) of the Indian Wireless Telegraph Act, 1933 (XVII of 1933) (hereinafter called "the Act").

2. Jethanand, the appellant herein, was prosecuted, along with another, in the Court of the Magistrate, First Class, Delhi, under S. 6 (1-A) of the Act for possessing a wireless transmitter in contravention of the provisions of S. 3 of the Act, and was sentenced to six months rigorous imprisonment. On appeal, the learned First Additional Sessions Judge, Delhi, upheld the conviction but reduced the sentence to the period of imprisonment already undergone plus a fine of Rs. 500. On revision, the High Court confirmed both the conviction and the sentence. On an application filed for special leave, this Court gave the same but limited it to the question of sentence.

3. Learned Counsel raised before us the following contentions : (1) S. 6 (1-A) of the Act was repealed, and, therefore, neither the conviction nor the sentence thereunder could be