1. This revision petition comes up for hearing before us on a reference made by our learned brother Joseph, J. The question that arises for decision in this case is whether the premature publication of the State Budget would amount to an offence under the Official Secrets Act.

2. The 1st accused in this case is the Editor, Printer and Publisher of a daily by name 'The Kaumudi'. The second accused is its city correspondent. The compositor of the Government Press, Trivandrum, is the 3rd accused, but he had been discharged. The prosecution case is that certain parts of the Budget for the year 1957 - 58 Appendix V and VI, Memorandum explaining alterations in the Preliminary Budget estimate and also information regarding introductory preface to the 2nd Five Year Plan, detailed estimates and Budget figures relating to the Forest, Transport, Commerce, Civil Government Works, General Administration, Judiciary, Police and Jails, Education, etc., were published in the issue of the Kaumudi dated 5-6-1957 before the Budget was presented before the Legislature on 7-6-1957. The Budget being a secret document of the Government, the reception and publication of the Budget matter in the