The term "publish" in Section 12 of the Press and Registration of Books Act, 1867, includes the distribution of a book or paper that does not comply with the requirements of Section 3 of the Act, but a mere distributor of a book or pamphlet cannot be convicted under Section 12.

1. The petitioner has been convicted under Section 12 of the Press and Registration of Books Act. 1867, and sentenced to simple imprisonment for one month and a fine of Rs. 200 only. In default of payment of fine, he is required to further undergo simple imprisonment for one month.

2. A complaint was lodged by the State Press Officer, Delhi on 19-9-1963 in the Court of Shri M.M. Aggarwal, Magistrate, First Class, Delhi, that (1) respondent Paras Dass Jain published two handbills captioned " Janta Ko in Desli Drohiyon Se Bachaiye " and " Safed Posh Dakuon Se Savdhan ", (2) under, S. 3 of the said Act, he was required to give the names of the printer and publisher and the places of printing the publication on the handbills, which he failed to do; and (3) under S. 12 of the said Act, he was liable to penalty. The trial Court decided against the petitioner and convicted and sentenced him as above. Aggrieved by the said judgement, the petitioner filed an appeal in the Court of the Additional Sessions Judge, Delhi, which was dismissed on 12-10-1964.

3. The first contention raised by Mr. Keshav Dayal on behalf of the petitioner is that a publisher of any book or paper cannot be convicted under the said Act inasmuch as S. 3 only refer to the printing of a book or paper and not its publication. According to the learned counsel, the words " or publish any book or paper otherwise than in conformity with the rule contained in S. 3 " in S. 12 make no meaning and, therefore, the words "or publish " must be ignored. In support of this plea, he has relied on Abdul Hakim V/s. State, AIR 1960 All 450. In that judgement, the view urged by the learned counsel for the petitioner was upheld. It is difficult for me to accept that contention and place that limited meaning on S. 12 of the said Act. Section 3 requires that every book or paper printed within India shall have printed legibly on it the name of the printer and the place of printing, and if the book or paper be published the name of the publisher and the " place of publication." Section 12 says that whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in S. 3 shall, on conviction etc., be punished. It follows that if a book, which does not fulfil the requirements of S. 3, is published, the person responsible for the publication would be punishable under S. 12. Take a case where a person goes to a press and gels a paper or a book printed for public use. If that book or paper is to be published, it can be published only if it contains the name of the publisher and the place of publication. Publication of a book or paper not containing those particulars would be in violation of S. 12. Such a publisher would, therefore, be guilty. In Abdul Hakims case, AIR 1960 All 450, M.C. Desai, J. said, "he could be guilty under S. 12 only if he published it otherwise than in conformity with the provision of S. 3, but S. 3 does not govern the act of publishing at all. The act of printing is quite distinct from the act of publishing and S. 3 only regulates the act of printing, it requires certain matters to be printed in the book. Merely because one of the matters to be printed in the book is the name of the publisher and the place of publishing, it cannot be said that it regulates the act of publishing. If the name of the publisher and, the place of publication are not printed, it is, only the printing that can be said to be not in conformity with the provision of section 3 and not the act of publishing. " With utmost respect to the learned Judge, I am of the opinion that that is placing too narrow a construction oh the language of S. 12. The words "whoever shall print or publish any book or paper otherwise than in conformity with the rule contained in S. 3 of this Act" must embrace within themselves the publication of a book or paper which does not bear the name of the publisher or the place of publication. If a publisher finds that the book, which h