In Re: Arunachala Mudali and Others

Lakshmana Rao, J.—The first petitioner obtained a licence from the District Superintendent of Police u/s 30, Clause (2) of the Indian Police

Act for taking a procession, and one of the conditions of the licence was that music of all description should be stopped within a distance of 50

yards on either side of any mosque. This condition was violated by petitioners 2 to 11 and the first petitioner the licensee would unquestionably be

guilty u/s 32 of the Indian Police Act. The real question is whether the other petitioners would also be guilty under that section and as urged by the

Public Prosecutor Section 32 provides that every person violating the condition of any licence granted by the District Superintendent of Police for

the use of music shall be liable to a fine. The person violating the condition need not be the licensee, and the finding is that petitioners 2 to 11 were

aware of the conditions of the licence. They too would therefore be guilty u/s 32 of the Indian Police Act and there is no ground for interference

with the conviction. But the fines are excessive and they are reduced to Rs. 100 in the case of the first petitioner and Rs. 25 each in the case of the

others. Otherwise this petition is dismissed.