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1962 Supreme(AP) 54

KUMARAYYA, P.CHANDRA REDDY, MANOHAR PERSHAD
In re Ghulam Sarwar Figar – Appellant
Versus
. – Respondent


Advocates Appeared:
Jalil Ahmad and Kuman Amina Naqvi, for Petitioner.

JUDGMENT

CHANDRA REDDY, C. J. :- This application under Sec. 99-B of the Criminal Procedure Code is made in the following circumstances.

2. An order of forfeiture of the book called "Nawal Kashmir" was made by the Government of West Bengal, on the 6th November 1961 on the ground that the book published by the petitioner was deliberately and maliciously intended to promote feelings of enmity and hatred between the Hindu and Muslim citizens of India, the publication of which was punishable under Sec. 153-A I. P. C. This was also published in the Gazette of West Bengal. The Government of Andhra Pradesh re-published the notification on 28-12-1961 bearing Notification No. G. O. Ms. 2437 dated 7-12-1961. The petitioner seeks to set aside the order of forfeiture of the book called 'Nawai Kashmir" printed at Taj Press, Calcutta, published by Nafi and Co., and for costs of and incidental to the petition.

3. It may be mentioned here incidentally that in the petition the prayer is to set aside notification and order dated 28-12-1961. Be that as it may, Sec. 99-B of the Criminal P. C. could be resorted to only for getting the order of forfeiture set aside. In this case, that section is of no ava






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