LALAI SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS Special Bench has been constituted under Section 99 -C of the Criminal Procedure Code (hereinafter referred to as the Code) to hear and determine the application filed by, Lalai Singh Yadav under Section 99 -B of the Code.

(2.) THE State Government of Uttar Pradesh, purporting to act under Section 99 -A(1) of the Code, by Notification No. 9733 -R/VIII -B -II -1946 -68 dated December 8, 1969 declared every copy of the book entitled "The Ramayan (A True Reading)" in English by Perivar E.V. Ramaswami and the book "Sachchi Ramayan" (the Hindi translation of the above mentioned book) to be forfeited to the Government. The material portion of the said Notification reads as follows :

(3.) FOR the decision of the case the requirements of the law as contained in 1971 Section 99 -A of the Code have to be determined in the first instance, because it was inter alia contended that the impugned Notification of forfeiture does not fulfil the requirements of the law, namely, the specific provisions contained in Section 99 -A of the Code. The material part of Section 99 -A(1), omitting the parts which are not necessary, reads as follows :