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TMI Blog1962 (3) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... atna. 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, be was prosecuted, under ss. 3 and 6 of the India Wireless Telegraphy Act, 1933 (17 of 1933) and s. 20 of the Act. The Judicial Magistrate, Patna City, convicted the respondent under the said sections and sentenced him only under s. 20 of the Act to pay a fine of ₹ 200/- and in default to undergo simple imprisonment for three months. On appeal the learned Sessions Judge, Patna., confirmed both the conviction and sentence. On revision, the High Court at Patna set aside the conviction and sentence under s. 20 of the Act, but confirmed the conviction under ss. 3 and 6 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions and conditions as it thinks fit, the establishment, maintenance and working. (a) of wireless telegraphs on ships within Indian territorial waters and on aircraft within or above India, or Indian territorial waters, 'and (b) of telegraphs other than wireless telegraphs within any part of India. Section 20. (1) If any person establishes, maintains or works a telegraph within India in contravention of the provisions of section 4 or otherwise than as permitted by rule made under that section, he shall be punished, if the telegraph is a wireless telegraph with imprisonment which may extend to three years, or with fine, or with both, and, in any other case, with a fine which may extend to one thousand rupees. Under the said section, if a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons by means of electricity and therefore, it is "telegraph" within the meaning of the said definition. If a telegraph wireless receiving station is a telegraph as defined in s. 3(1) of the Act, a radio set receiving communications should equally be a telegraph within the meaning of the said section; for a radio set receives communications by means of electricity. Wireless transmitter transmits .sound as electromagnetic waves and the said waves are detected and received by the receiving apparatus. We, therefore, hold that a receiving set is a telegraph within the meaning of the Act. The next question is whether the respondent established, maintained or worked a telegraph within the territories of India in contravention of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and working a telegraph or in respect of any of them; and if a person either establishes, maintains or works a telegraph without a licence or in contravention of the terms of licence, he would be committing an offence under s. 20 of the Act. It is suggested that neither of the three terms would be appropriate for keeping a radio set or using it. Learned counsel for the appellant argues that keeping or using a radio set would be maintaining or working a radio within the meaning of that section. In the Shorter Oxford English Dictionary the following meaning, among others, is given to the word "maintain" ; "to keep in being; to preserve unimpaired ; to pay or furnish the means of keeping up of ; to keep supplied or equipped to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithout a licence would amount to an offence under s. 20, Telegraph Act, which in view of s. 4 of that Act could not have been intended to include wireless receiving sets used ordinarily to receive broadcast programmes." The learned Judge has not expressed a final opinion on the construction of the section. Presumably, he was of opinion that s. 4 applies only to a telephone established, maintained and worked by Government or with its permission. With great respect, the learned Judge has omitted to notice the first proviso to s. 4 of the Act which takes in a licence of a telegraph for one or other of the three purposes mentioned therein. In the result, we hold that as the respondent used the radio without a licence, he committed an offe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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