DESAI, J. :- This is an application in revision against conviction under Section 18 of the Indian Press (Emergency Powers) Act (Act No. 23 of 1931). There is no dispute about the facts; the conviction is challenged on the ground that the Act was unconstitutional and became void on the passing of the Constitution. On a search of the applicants house on 11-6-1950 in execution of a search warrant issued by the District Magistrate of Azamgarh cyclostyled leaflets were recovered. Some leaflets contained the constitution of the United Provinces Khet Majdoor Union, some were entitled "Conspiracy of Great Britain and America to start third world War" and the others contained communist propaganda. The name of the printer was not printed on any of them.

2. Section 15 of the Act lays down that a District Magistrate may

"by order in writing and subject to such conditions as he may think fit to impose, authorise any person by name to publish a news sheet, or to publish news sheets from time to time".

A news sheet is defined in S. 2 of the Act to mean "any document other than a newspaper containing published news or comments on public news or any matter described in Sub-Sec. (1) of S. 4".