In Re: Ramasawmy Ayyar

Pandrang Row, J.—The petitioner in this case is a seller of gramophone records in Madura Town. He has been convicted u/s 3, Sub-

section 5 of the Town Nuisance Act of 1889, the act alleged against him being that he was having some gramophone records played inside his

shop which attracted a crowd in the street outside and thereby caused obstruction. This statement of the case is enough to show that there can be

no justification, for the conviction. Section 3, Sub-section 5 clearly shows that it is only when wilful obstruction is caused, in any public street, load,

thoroughfare or place of public resort that an offence is committed. In this particular case it is clear that there was no act done by the accused in

any public street, road, thoroughfare or place of public resort. What he did was inside his own shop and it would also appear that he had the

records played on the gramophone for the benefit of & prospective buyer and there is nothing to how that he wilfully did it in order to cause

obstruction in the street outside. In an almost similar case Oxiiniual Revision Case No, 476 of 1935 King, J., has held that the conviction u/s 3,

Sub-section 5 of the Act cannot stand. There the act alleged was the playing of gramophcne music inside the accused''s house attracting a crowd in

the street in front of his house. This is a case in which there should have been no charge by the Police and certainly no conviction by the

Magistrates. It should have been obvious that no offence had been committed and it is astonishing to find the Police charging the accused and ''the

Magistrate convicting the accused in respect of an act which cannot possibly be an offence. The accused had done nothing criminal and yet he has

been harassed by a prosecution and a trial which underwent 6 or 7 adjournments and put to considerable vexation and expenses. The Magistrates

have thought it fit to observe that the accused ""could have politely given his name"" to the Sub-Inspector when he questioned, him about the matter

and ""avoided all the sensation"". The Bench Magistrates must know that their duty lies in administering the law as it stands, and that in the

performance of this duty they should not allow their minds to be diverted by irrelevant considerations such as want of politeness on the part of the

accused in his behaviour towards the Sub-Inspector of Police. The case discloses a state of affairs which is very disquieting and it is to be hoped

that these words of mine will prevent such harassment of innocent persons in future. The conviction and the sentence are set aside and the accused

is acquitted, the line, if paid, must be refunded.