NARAYAN DASS INDURAKHYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal by special leave from a judgment and order of the High Court of Madhya Pradesh dismissing the writ petition of the appellant challenging the order of the State Government under S. 5 of the Criminal Law Amendment Act (Act XXIII of 1961) forfeiting the copies of a book published by the appellant under S. 4 (1) of the Act, can be disposed of on the short ground that the order did not disclose the grounds of the opinion formed by the State Government.

(2.) The Criminal Law (Amendment) Act, 1961 (hereinafter referred to as the 'Act') empowered the State Governments by S. 4 to make order declaring any newspaper or book as defined in the Press and Registration of Books Act, 1867 or any other document wherever printed, to be forfeited to the Government if it appeared to the Government that the said book etc. questioned the territorial integrity or frontiers of India in a manner which was or was likely to be prejudicial to the interests of the safety or security of India. The relevant provisions of the Act are as follows:

(3.) In the counter affidavit of the State the stand taken was that the State Government was not bound to place details of information on the basis of which its satisfaction was arrived at. Reference was however made in the counter affidavit to a communication of the Director of Map Publications to the Director of Public Instruction dated 21st March 1967 in which it was stated with regard to all the three alleged offending books that