Queen-Empress vs Banka Patni and Others

Ghose and Rampini, JJ.—We think that the Judge has taken a right view in this matter. It appears to us that the word "publisher" has been used in the Act XXV of 1867 in a restricted sense, and does not include booksellers such as the accused are. Section 12 of the Act refers to Section 3; and, looking at this latter section, it seems to be clear enough that the accused could not be regarded as publishers" within the meaning of that section, for it enjoins the printing of the names of the printer and "publisher." The accused are not booksellers by profession, and they are ignorant people, and it could never have been, intended to bring such men within the operation of the Act. We, therefore, set aside the conviction as recommended by the Judge.