The court held that the West Bengal Prevention of Defacement of Property (WBPDP) Act intends to punish those who deface property in a manner which is permanent in nature and let off DUSU former VP Manohar Nagar for 2008-09.
"After reading the aforesaid provisions (of the Act), I find that the aim of the legislature was to punish those who deface any property in a manner which is permanent in nature.
"Putting of banners or posters will not attract the liability of the wrong doer as the said banner or poster, under normal circumstances, can be removed without affecting the basic structure or appearance of the article on which they are affixed," Metropolitan Magistrate Prashant Sharma said.
Nagar had won the post of students' body post in 2008 as Congress-affiliated National Students Union of India (NSUI) candidate.
Nagar was booked by the police under the WBPDP Act after posters with his photographs for election campaign were found pasted on the walls in South Delhi area.
Nagar had sought dropping of proceedings against him on the basis of a Supreme Court judgement which held Section 3 of the Act applied to defacement only "done by writing of marking with ink, chalk or pain or any other material".
Conviction under section 3 of the Act entails a maximum punishment of six months imprisonment and a fine of Rs 1,000.
The court, however, allowed Nagar's application and acquitted him from the charges.
