M.C.CHAGLA, S.R.TANDOLKAR
Shantilal Vadilal Shah and Anr. – Appellant
Versus
State of Bombay – Respondent
1. A book by the name of "Aghor Van" was published in Ahmedabad in November 1951. It was published in the Gujrat Printing Press. On 15-8-1953, Government instituted proceedings against the keeper of the press under s. 4, Press (Objectionable Matters) Act (LVI of 1951). While those proceedings were pending, the Advocate General gave a certificate on 24-7-1953, Under Section 11 of the Act and acting on that certificate the Government issued an order forfeiting all the books on 5-8-1953.
The keeper of the press has come before us on two petitions, one challenging the order of forfeiture and the other complaining of the action of Government in issuing the order of forfeiture and giving publicity to it in the press while the judicial proceedings were pending and alleging that Government is guilty of contempt.
In the petition challenging the order of forfeiture it has been contended that Act LVI of 1951 is ultra vires of the Constitution. We have heard this petition first as it raises an important constitutional question and the Attorney General was made a party to this petition to support the constitutionality of the Act.
2. Turning to the Act and looking to the sch
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