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1958 Supreme(All) 97

S.N.SAHAI, D.N.ROY
STATE OF UTTAR PRADESH – Appellant
Versus
THAKUR PRASAD – Respondent


Advocates Appeared:
J.R.BHATT, Krishna Shankar

D. N. ROY, J.

( 1 ) THIS is an appeal by the State against an order of acqtiittnl of the respondents who were charged with an offence punishable under Section 292 of the Indian Penal Code. Respondent. No. 1 Thakur Prasad Gupta is a bookseller at Banaras and he owns a press known as the Bombay prers. Ram Lagan Pandoy respondent No. 3 is the author and writer of a book in Hindi Styled as "asli Kokshastra. " ganesh Prasad Gupta respondent No. 2 is the publisher of the book which was printed at his press known as the "swatantra Bhirat Press" of Banaras. On 29-6-1953, upon a raid by the police of the shop of Thakur Prasad Gupta fifty copies of the book were recovered in the presence of this accused. On 5-7-1953 another raid was made by the police on the Bombay Press and the swatantra Bharat Press and several copies of the book hod been recovered along with ten blocks and certain paper covers of these books containing a nude picture of a woman. In that raid, it was alleged certain books styled as the "romance of Lust" and four blocks contain- ing obscene matter were also recovered from the Bombay Press. The prosecution alleged that these books, blocks and the picture on the title page we























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