AKHIL BHARTIYA ANDHSHRADDHA NIRMULAN SAMITI Vs. MASTER KALYANKAR @ MOHAN MAHADEO JANBAJI KALYANKAR AND ANR.
LAWS(BOM)-2017-9-359
HIGH COURT OF BOMBAY
Decided on September 22,2017

Akhil Bhartiya Andhshraddha Nirmulan Samiti Appellant
VERSUS
Master Kalyankar @ Mohan Mahadeo Janbaji Kalyankar And Anr. Respondents

JUDGEMENT

ROHIT B.DEO,J. - (1.) The challenge is to the judgment and order dated 19.4.2002 in Summary Criminal Case 2826/1996, delivered by the learned Chief Judicial Magistrate, Yavatmal, acquitting the respondent 1 (hereinafter referred to as the "accused") for offence punishable under Sections 2, 3, 4, 5, 7 and 9(A) of the Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 (hereinafter referred to as the "Act").
(2.) The complainant before the trial Court, in the purported capacity of Secretary of Akhil Bhartiya Andhshraddha Nirmulan Samiti, Yavatmal Branch instituted complaint under Section 9(A) and Sections 2, 3, 4, 5 and 7 of the Act, the gist of which was that the accused published an advertisement in Marathi daily newspaper Namo Maharashtra on 7, 8 and 9th April, 1996 and in daily Loksatta on 11, 12, 14, 15 and 16th April, 1996 and the said advertisements inter alia claimed that success, marriage of daughter, conception of child, prosperity in business and the like could be ensured through yantra (magic) and ratna (diamond). The complaint states that the advertisements gave the following contact, name and address. 'Master Kalyankar, Sandeep Talkies, Behind Maroti Temple, Gadge Nagar, Yavatmal."
(3.) The complainant alleged that the suggestion and insinuation that the accused possesses miraculous power and that yantra and ratna could be used to ensure conception of child and the like is calculated to deceive and mislead the gullible people and the advertisements constitute offence under the Act. The learned Magistrate issued process, the plea of the accused was recorded vide Exhibit 14, the accused pleaded guilty and claimed to be tried. The defence as is discernible from the trend and tenor of the cross-examination and the statement recorded under section 313 of the Criminal Procedure Code, 1973 is of total denial.;


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