DR.NIRMAL KUMAR GUPTA v. THE STATE OF BIHAR & Ors.
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 292, 293, 294, 420
- Cinematograph Act, 1952 ss. 7, 14
Judgment
magistrate. Learned counsel for the petitioner relies upon a decision of this court made in the case of Sri Ram Talkies and another Vs State of Bihar, reported in 2007(4) PLJR 755. Learned counsel has not pressed for release of film. Learned counsel for the State submits that as per direction of the District Magistrate, the Executive magistrate has made the raid and instituted instant case. It does not appear from FIR, whether the Executive magistrate was duly authorized or empowered to seize the appliances in course of raid. This court as such directs that seized projectors and appliances, other than seized film, be released in favour of petitioner claiming to be proprietor on furnishing cash surety of Rs.10,000/- with another surety of like amount each. The District magistrate will issue instructions lifting such seal on running of cinema hall, on personal undertaking of petitioner that he will exhibit film only with proper certifications and in accordance with law. With the aforesaid observations and directions, the writ
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.