AMRIT KUMAR BOSE Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application by the owner of a Press known as 'Janaseva Printing Works' located at Cuttack for quashing of a notification dated 22.12.1975 (Annex. B) made by the State Government in exercise of powers vested under Section 17 -A (1) of the Criminal Law Amendment Act, 1908 (14 of 1908).

(2.) THE following facts no more seem to be in dispute: Petitioner's father Bhupendra Kumar Bose was an active member of the Rashtriya Swayam Sevak Sangh (hereafter called "R. S. S. S."). The Janaseva Printing Works is located at Gopal Jew lane of the town of Cuttack. A local weekly paper in Oriya called "Rashtradipa" connected with R. S. S. S. activities was being printed in the said Press. On 3rd of July, 1975, the Central Government in exercise of powers conferred by Sub -Rule (1) of Rule 33 of the Defence and Internal Security of India Rules, 1971, declared the R. S. S. S. to be illegal organisation. That very day petitioner's father was detained under the Maintenance of Internal Security Act. On the day following, armed guards were mounted and the premises where the Press was located was placed under police control. On 30th of August, 1975, there was a theft in the Press and on the following day, First Information Report of the theft was lodged and Mangalabag P. S. Case No. 425 of 1975 was registered. On 6.9.1975, the keys of the Press building were seized from the petitioner vide Annex. 2. As the keys of the Press building were not returned to the petitioner, he filed the writ application on 11.11.1975 praying for return of the keys. On 26.11.1975, the Inspector of Police attached to the Lalbag Police Station filed a preliminary counter affidavit. On 22.12.1975, a notification in terms of Section 17 -A (1) of the Criminal Law Amendment Act of 1908 (hereafter called the 'Act') was made. On 23.1.1976, the Superintendent of Police of Cuttack filed a further counter affidavit and to this affidavit was annexed the impugned notification as Annex. B. The petitioner thereupon applied for amendment of the writ application and asked for quashing the notification. On 17.11.1976, a further counter affidavit was filed by the Home Secretary in justification of the notification.

(3.) SECTION 17 -A (1) of the Act provides : - .