Judgment

GAJENDRAGADKAR J. : The appellant, Dr. Yash Pal Sahi, and his wife Dr. Susheela Sahi are the proprietors of a homeopahtic hospital at Jangpura in New Delhi. They also run a journal called the "Homeopathic Doctor". It appears that on May 15, 1958 Misri Singh wrote to the appellant that the medicines manufactured by him were proving effective, and he therefore requested the appellant to sent him his magazine "Homeopathic Doctor" from January 15, 1958 up to the date of the letter. In the letter, Misri Singh also requested the doctor to send him a list of medicines that might have been printed by him and he promised to pay the requisite prices, and suggested that the same should be sent by V. P. P. Thereupon a packet containing Exhibits P-1 to P-6 which are copies of the "Homeopathic Doctor" and Ex. P-7, which is a list of medicines was sent to Misri Singh on May 24, 1958. Misri Singh had written to the appellant under the instructions of Mr. Seth, who is an officer in the Delhi Administration. That is why when the packet was received by Misri Singh it was opened by him in the presence of Mr. Seth and other witnesses and the packet was found to contain Exs. P-1 to P-7. The pros