Judgement

Law Rep. 74 Ind. App. 89 ( 1946- 1947) King-Emperor V. Sadashiv Narayan Bhalerao

57

Appeal (No. 49 of 1946) by special leave from a judgment of the High Court (January 25, 1944) which had affirmed an order of Mr. S. D. Adhav, Magistrate of the First Class, Jalgaon City (June 22, 1943), acquitting the respondent who had been charged under r. 38, sub-r. 5, of the Defence of India Rules for having, on January 26, 1943, made, published and distributed copies of a leaflet which contained prejudicial reports within the meaning of r. 34, sub-r. 7 read with r. 34, sub-r.6 (e) and (g) of the Defence of India Rules, and having thus con travened r. 38, sub-r.1 (c).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee.

The Defence of India Rules, which were made by the Central Government under s. 2 of the Defence of India Act, 1939 (XXXV of 1939)—so far as material—provided as follows

"34. (6) prejudicial act means any act which is intended or is likely—

"(e) to bring into hatred or contempt, or to excite disaffection towards, His Majesty or the Crown Representative or the Government established by law in British India or in any other par