NAWAL KISHORE THAKUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRIMINAL Original No. 74 of 1963 comprising the petition Under Section 99-B of the Code of Criminal Procedure had been in view of the provisions of Section 99-C of the said Code placed for disposal before this Full Bench together with other so called connected petitions, namely, Criminal Writs Nos. 4 and 6 of 1963 and Criminal Miscellaneous Nos. 1022 and 1023 of 1962.

(2.) THE case made out and as gathered from the said petition Under Section 99-B of the Code of Criminal Procedure was that a search carried out pursuant to warrants issued under the order of Sub-Divisional Magistrate, Kulu, and recovery of articles Including a cyclostyle machine were unauthorised and Illegal. These averments were not opposed, in fact could not have been, for the said warrants admittedly had Issued under the provisions of Press Emergency Powers Act, 1931 which enactment clearly stood repealed by Act 56 of 1951 (The Press Objectionable Matters Act) which in itself subsequently was repealed by Act 36 of 1957 that came Into operation on some date In September 1957. Obviously, therefore, the impugned order directing Issuance of warrant and the recoveries following were void and Ineffective for the Press Emergency Powers Act at the relevant date e. g. , 8th of June, 1962, when the warrants Issued, ha no legal existence.

(3.) THE real question that arises, has been canvassed and requires determination however Is whether the instant petition Under Section 99-B of the Code of Criminal Procedure subject-matter of Criminal Original No, 74 of" 1963 was at all competent.