1. This is an appeal filed against an order dismissing an application for an order under Section 4 Press (Objectionable Matter) Act, 1951. The application was filed in the Court of Session, Greater Bombay by the Commissioner of Police, on 19-10-1954, under Section 16, Press (Objectionable Matter) Act, 1951, for an order demanding security from the respondent tinder Section 4 of the Act.

The learned principal Judge who tried the case held that impugned publications did not offend the terms of Section 3 of the Act. He Held that the publication was not "grossly indecent or obscene" within the meaning of Section 3(vi) of the Act. The learned principal Judge therefore dismissed the application. An appeal has been filed against the order of dismissal of the application by the Commissioner of Police.

2. On behalf of the respondent several preliminary objections have been raised against the maintainability of the appeal. Mr. Patwardhan contended that the Commissioner of Police was not competent to appeal to this Court because he has not been specially authorised in that behalf by notification issued by the State Government.

He further contended that the printing press belonging to the