THE STATE Vs. U PIUS LYNGDOH RINA AND ORS.

JUDGEMENT

(1.) THIS is a reference made by Mr. C.S. Booth, Deputy Commissioner, United Khasi -Jaintia Hills District, Under Section 438 of the Code of Criminal Procedure, for enhancement of sentence. The facts giving rise to this reference are as follows ;

(2.) ON 15 -12 -1955, the Police submitted a report for the prosecution of the three accused persons - (1) U Pius Lyngdoh Rina, proprietor of Rina Press, Shillong, (2) U Kwell Singh Shallam, and (3) U Kro -shon Thangkhiew, Manager of Rina Press, Under Section 11(2) of The Assam Maintenance of Public Order (Autonomous Districts) Act, 1953 (Act 16 of 1953), for publishing and printing certain documents which contained material which tended to excite or infant feelings of hostility and were intended or likely to undermine the security of the State. On receipt of this report, the accused persons were tried by a Magistrate with first class powers at Shillong. A charge was framed against them which read as follows :

(3.) ON behalf of the accused who were asked to show cause why the sentence should not be enhanced, it has been urged that their conviction Under Section 11 of the said Act, in view of the charge, was altogether illegal. An attempt was made to argue before us that the pamphlet did not come within the meaning of 'prejudicial net' at all. In other words, it was suggested that a perusal of the documents in question would not go to show that they were intended to undermine or were likely to undermine or would effect the security of the State,