JUDGMENT Ganga Nath, J. - This is an application in revision by Hafiz Nurul Hasan against his conviction and sentence under rule 38, clause 5 read with rules 121 and 34 (6) (K) and (P) of the Defence of India Rules. The Applicant sent a letter on 3ri March, 1941, to the learned District Magistrate, Moradabad, intimating to him that he would shout a certain slogan on 4th March, 1941, at Sikandarpur at 11 a.m. Before he could do so, the Applicant was arrested and prosecuted under the Defence of India Rules. He was convicted and sentenced to 18 months' R.I. and a fine of Rs. 200. On appeal the learned Sessions Judge upheld the conviction and the sentence of imprisonment but reduced the sentence of fine to that of Rs. 50. 2. As already stated, the Applicant sent a letter Ex. P-l to the learned District Magistrate informing him of his intention to shout the slogan which was also mentioned in the letter. It has been urged on behalf of the prosecution that the sending of this letter amounted to an act preparatory to a contravention of the provisions of the Defence of India Rules and so the Applicant was rightly convicted Under rule 121 read with rules 38 (5) and 34 (6) (K) and (P) There can be no doubt that the shouting of the slogan contained in the letter would have amounted to the commission of a prejudicial act and if this slogan had been shouted the Applicant would have been rightly convicted under rule 38 (5) read with rule 121 and Rule 34 (6) (K) and (P). The Applicant was not allowed to shout the slogan but he was arrested before he could do so. The charge against him is that he sent a letter to the learned District Magistrate intimating to him his intention of shouting an antiwar slogan. An intention is not to be confused with preparation. There are four stages ordinarily in the commission of an offence, namely, intention, preparation, attempt and the final act constituting the offence. Intention per se is not ordinarily punishable at all. Preparation is punishable in rare cases, as for example, Section 399 I.P. C Attempt is punishable in a large majority of cases while the final act constituting the offence is always punishable. Intention per se is not ordinarily punishable at all. Preparation is punishable in rare cases, as for example, Section 399 I.P. C Attempt is punishable in a large majority of cases while the final act constituting the offence is always punishable. Preparation consists in devising or arranging the means or measure for the commission of an offence. In the present case the communication of the letter to the learned District Magistrate does not come under preparation because the sending of the letter did not in any way devise or arrange any means or measure for the commission of the offence, that is, the shouting of the slogan. The Applicant simply intimated his intention which he might have given up at any time before he could actually commit the offence. The Applicant has, therefore, not committed any offence under the Defence of India Rules. It is, therefore, ordered that the application be allowed and the conviction and the sentence be set aside. The Applicant will be released forthwith unless his detention is required in connection with any other matter in accordance with law. The fine, if paid, will be refunded.