( 1 ) THIS is an appeal against an order of conviction under Sections 292 and 292/109 I. P. C. and sentence of three months' R. I. and a fine of Rs. 500/- and in default, R. I. for a further period of three weeks.

( 2 ) THE first appellant, C. T. Prim, is a partner of India Book House, at 1, Lindsay Street, Calcutta, end appellant No. 2 Mohonlal Lalwanj, is the sales-man in the shop.

( 3 ) ON 20-4-54 copies of three books, The Dark Urge, The Shame of Mary Quinn and Find Me in Fire along with three other books were seized by the police on the allegation that they were obscene. The learned Magistrate found that only the three books specified above came within the mischief of Section 292 I. P. G.

( 4 ) IT has been urged inter alia on the side of the appellants that the books are not obscene. Further it is contended that in the absence of mens rea the appellants should not have been convicted. Jn the written statement filed by appellant Prim in the court of the learned Presidency Magistrate it was stated that the books formed part of a routine consignment front overseas, for which no specific orders had been placed and that as thousands of books with about 75 new t