ABINASH CHANDRA BHATTACHARJEE Vs. EMPEROR

JUDGEMENT

(1.) This is a Rule calling on the Chief Presidency Magistrate of Calcutta to show cause why his order, dated the 24 July last, directing that the Sadhana Printing Press be confiscated, should not be set aside on grounds Nos. 1, 2, 3 and 4 taken in the petition before us.

(2.) One Bhupedra Nath Dutt was prosecuted under Section 124A of the Indian Penal Code for the publication, in the issue of the newspaper called Yugantar of the 16 June 1907, of matters which, it was alleged, attempted to excite disaffection towards the Government of India. He was convicted on the 24 July, and was sentenced to rigorous imprisonment for one year. The Sadhana Printing Press which, it was alleged was used for the purpose of the publication of the Yugantar of the 16 June, was also directed by the said Magistrate to be confiscated. On the 26 July, an application was made to the Chief Presidency Magistrate by the present petitioner for an order directing that the execution of the order of the 24 July for confiscation might be suspended on the grounds that the press belonged to him and not to Bhupendra Nath Dutt, and that it was not used for the publication of the Yugantar of the 16th June. Thereupon, the possession of the Press was directed to be taken by the Police pending the orders of this Court.

(3.) The present application has been made on the grounds--first, that the order was made without any notice to the petitioner, and without any evidence showing that the Yugantar newspaper of the 16 June was printed in his press; and, second, that the Magistrate had no jurisdiction under Section 517 of the Criminal P. C. to direct a confiscation.