MADAN GOPAL Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) This petition under Section 99-B and Section 561-A of the Code of Criminal Procedure has been placed before a Special Bench of three Judges pursuant to Section 99-C of the Code. The petitioner's case is that the Lieutenant Governor Union Territory of Delhi, issued a notification bearing No. F. 2 (16-2)/70 CHG on 16th June, 1970 which was published in the Delhi Gazette No. 25, Vol. IV, dated 9th July, 1970 at page 662. This notification was issued in purported exercise of power conferred by Section 99-A of the Code of Criminal Procedure, hereafter referred to as the Code, on the Lieutenant Governor of Delhi, whereby an issue of the book 'Liberation' a monthly organ of All-India Co-ordination Committee of Communist Revolutionaries for the month of December 1969 (Vol. 3) which was printed at Pragati Printers, 59-A Bechu Chatterjee Street, Calcutta-9, edited and published by Shri Nirnai Ghose from 60-A Keshab Chander Sen Street, Calcutta-9, containing certain passages which are mentioned in the statement annexed to the said notification, and the said portions and every copy of the said portions and every document containing the said portions were declared to have been forfeited to the Government on the ground that it attempted to excite dis-affection to the Government established by law in India.

(2.) The petitioner submits that his house was raided on 6-12-1970 when 76 books were taken away as a result of seizure and search by the police. The petitioner was also arrested on that day and was released on bail on 11-12-1970. No copy of the grounds on which his house was searched and he was arrested was supplied to him.

(3.) On 21-9-1971 he was sent up before a magistrate on a charge-sheet submitted against him wherein it was alleged that he was found in possession of the above mentioned book. The petitioner claims that he was not in possession of any such book but since he is a highly educated man and his hobby is reading books on various subjects and he is fond of purchasing books from booksellers in the market he was not aware of any such notification forfeiting the book. It was only on 29-1-1971 that a copy of the charge-sheet along with the copy of the notification mentioned above with the portions declared seditious was supplied to him that he became aware of any such notification. Thereupon he made an application to the trial Court that the full copy of the book 'Liberation' containing the paras in the statement annexed to the notification should be supplied to him so that he might ascertain whether they contained seditious matter; but the book was not supplied to him.