IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.430 of 2007 DR.NIRMAL KUMAR GUPTA Versus THE STATE OF BIHAR & ORS ----------- 4 22.8.2008 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State of Bihar. In the instant writ petition, the petitioner prays for directing the respondent s to release the cinematography appliances as well as to remove the seal of the Projector room of Basusari Cinema Hall situated in the town of Sitamarhi. Facts giving rise to the instant writ petition are as follows:- Police and district officials conducted a raid in the cinema hall of the petitioner on an allegation of screening obscene film, lodged Sitamarhi PS case no. 198 of 2006, for offences under sections 420, 292, 293, 294 of the I.P.C. and under sections 7/14 of the Cinematograph Act, 1952 (hereinafter referred to as the Act) and seized the projector of the cinema hall and sealed the cinema hall. It is submitted on behalf of the petitioner that under section 7(5) of the Act, police official do have power to seize a film which is running without due certification for showing film to persons who are not adults. He further submits that so far as seizure of projector and other appliances of the cinema hall is concerned, the same, in view of section 7(5) of the Act, could be seized only on the order of the District Magistrate. In the instant case, the seizure of projectors and other appliances has been made by Executive - 2 - magistrate with aid of police with due authorization of District 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 petition is disposed of. Shashi. (S.P.Singh,J).