LexSTATE OF BIHAR versus MANGAL SAO
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IU61 -- A1orch !9. Subba f1ao J. 148 SUPREME COURT REPORTS [1963) STATE OF BIHAR v. l\IANGAL SAO (J. L. KAPUR, K. SOBBA RAO, RAGHUBAR DAYAL and T. L. VENKATARAMA AIYAR, JJ.) Radlo Receiving Set-Keeping ancl using witlwut licence- lrltether an offence-Indian Telegraph Act, 188.; (13 of 188'5), s. 20. The respondent was found using a Radio without a licence and was prosecuted under s. 20 of the Indian Tele- graph Act, 1885 as well as s. 3 and s. 6 of the Indian Wireless Telegraphy Act, 1933 (17 of 1933). He was convicted of both the offences by the lower courts but the High Court acquitted him of the offence under s. 20 of the Indian Tdegraph Act. On an appeal by the State against the acquittal. Held, that a Radio Receiving Set is a "telegraph'' within the meaning of s. 3 ( l) of the Indian Telegraph Act. Senior Electric Inspector v. La.xmi Chopra, [A. I. R J 1962, S. C.R. 9, 16, referred to. Held, furth<r, that using and . keeping a Radio Set amounted to ''maintaining'' and "working" a "telegraph" under s. 3. (I) of the Indian Telegraph Act, 1885. CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 222 of 1960. Appeal by special leave from the judgment and order dated April 11, 1960, of the Patna High Court in Criminal Revision No. 76 of 1960. S. P. Varma and P. D. Menon, for the appellant. The respondents. did not appear. 1962. March 29. The Judgment of the Court was delivered by SuBBA RAO, J.--Tbis appeal by special leave aiiainst the judgment and order of the High Court at Patna raises the question whether-to use neutral 1 S.C.R. SUPREME COURT REPORTS 149 terms-the keeping or using of a radio set by the person without a licence would be an offence under s. 20 of the Indian Telegraph Act, 1885 (13of1885), hereinafter called the Act. The respondent is a businessman, having a shop in the city of Patna. In November, 1955 an Inspector of Wireless Telegraph visited his shop and found a radio set being played therein. As he was using the radio without a licence, he was pro- secuted, under ss. 3 and 6 of the India Wireless TeJegraphy Act, 1933 ( 17 of 1933) and s. 20 of the Act. The Judicial Magistrate, Patna City, convic- ted the . respondent under the said sections and sentenced him only under s.-20 of the Act to pay a fine of Rs. 200j- and in default to undergo simple imprisonment for three months. On appeal the ]earned Sessions Judge, Patna, confirmed both the conviction and sentence. On revision, the High Court a.t Patna set aside the conviction and sentence under s. 20 of the Act, but confirmed the conviction under ss~ 3 and 6 of the Indian Wireless Telegraphy Act, 1933 and .sentenced him to pay a fine of R.s. 100/- and in default to undergo simple imprison- ment for one month. The State of Bihar has preferred the present appeal against the order of acquittal made by the High Court under s. 20 of the Act. The High Court set aside the conviction under s. 20 of the Act on the ground that the use of a wireless receiving set without a licence would not be an offence .under the said section having regard to the provisions of s. 4 of the Act. Mr. Varma, learned Counsel for the State, canvasses the correct- ness of that decisior. . It would be, convenient at the outset to read the relevant provisions of the Act as they stood be- fore amendment by Act 15of1961. Section 3. ( 1) utelegraph'' means an 1 196Z .l;tate of Biha,. v. !ti angal Sao SubbaR!loJ. 150 J96Z State of B1har '· Mango/ Sao SubQa Rao J. SUPREME COURT REPORTS [l9G3J electric, galvanic or magnetic telegraph, and includes appliances and apparatus for making, transmitting or receiving telegraphic, tele- phonic or other communications by means of electricity, galvanism or magnetism. Section 4. (I) Within India, the Central Government shall have the exclusive privilege of establishing, maintaining and working tele- graphs: Provided that the Central Government may grant a licence, on such conditions and in con- sideration of such payments as it thinks fit, to any person to establish, maintain or work a telegraph within any pa.rt of India. Provided further that the Central Government may, by rules made under this Act and published in the Official Gazette, permit, subject to such restrictions and condi- tions as it thinks fit, the establishment, main- tenance and working. (a) of wireless telegraphs on ships within Indian territorial waters and on aircrafts w
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