Judgment

HIDAYATULLAH, J.: The Appellant is one of fourt partners of a firm which owns a book-stall in Bombay. He was prosecuted along with the other partners under section 292, Indian Penal Code. All the facts necessary for our purpose appear from the simple charge with two counts which was framed against them. It reads :

"That you accused Nos. 1, 2, 3, 4 on or about the 12th day of December, 1959 at Bombay being the partners of a book-stall named Happy Book Stall were found in possession for the purpose of sale copies of an obscene book called Lady Chatterley s Lover (unexpurgated edition) which inter alia contained, obscene matter as detailed separately and attached herewith and thereby committed an offence punishable u/ s. 292 of the I. P. Code.

AND

That you Gokuldas Shamji on or about the 12th day of December 1959 at Bombay did sell to Bogus Customer Ali Raza Sayeed Hasan a copy of an obscene book called Lady Chatterley s Lover (unexpurgated edition) which inter alia contained obscene matter as detailed separately and attached herewith and thereby committed an offence punishable u/ s 292 of the I. P. Code."

The first count applied to the appellant who was accused No. 2 in the cas