(Prayer: Petition (disposed of on 1-7-1942) under Ss. 435 and 439 of the Crl. P.C. 1898 praying the High Court to revise the judgment of the Court of Session, West Godavari division at Ellore dated 27-1-1942 and made in C.A. No. 7 of 1942 preferred against the judgment of the Court of the Sub-Divisional Magistrate, Ellore in C.C. No. 108 of 1941.)

This revision case was admitted because neither the trial Magistrate nor the Sessions Judge in appeal indicated in any way the nature of the documents that were the subject of the charge and it was therefore impossible to judge whether the sentence imposed was reasonable or otherwise.

After going through the various exhibits it is clear that the literature found in the possession of the petitioner was of a particularly virulent nature, especially Ex. C-

1. It is argued that as only mere possession has been proved and there was no indication that the petitioner owned that literature or disseminated seditious views, the sentence is excessive. Possession simpliciter is however liable to a heavy sentence under the Defence of India Rules and the manuscript Ex. D indicates that the literature found was intended to be disseminated. The sentence which has been considered reasonable by the two Courts below cannot therefore, in any view of the matter, be deemed to be excessive. I find no cause for interference.

I have been asked to take into account the changed attitude of the communist party, of which the petitioner was a member, towards the Government and the Governments attitude to the communist party. That seems to me, how-ever, a matter for the consideration of the executive rather than of the Court.

The petition is dismissed.