Judgment

MAHAJAN J.: This appeal has been preferred by the State of Bihar against the judgment of a special Bench of the High Court of Judicature at Patna allowing the application of the respondent under section 23 of the Indian Press (Emergency Powers) Act, XXIII of 1931. It appears that the petition was argued, by both the sides as it was one made under Article 226 of the Constitution.

2. The respondent was the keeper at all relevant times of the Bharati Press at Purulia,. A pamphlet under the heading "Sangram" was printed at the said press and is alleged to have been circulated in the town of Purulia in the district of Manbhum. The Government of Bihar considered that the pamphlet contained objectionable matter of the nature described under section 4 (1) of the Indian Press (Emergency Powers) Act and required the press to furnish security in the sum of Rs. 2,000/-under section 3 (3) of the Act by the 19th September 1949. On the 26th September 1949, the respondent applied to the High Court under section 23 for setting aside the above order. This application was allowed by the majority of the Judges constituting the Bench. Shearer J. was of the view that the application should be dis