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1969 Supreme(Bom) 58

K.K.DESAI, Y.V.CHANDRACHUD, N.A.MODY
Gopal Vinayak Godse – Appellant
Versus
The Union of India – Respondent


judgment

Chandrachud, J.

1. By these petitions, the author and publisher of a book called ""Gandhi-hatya Ani Mee"" (Gandhi-assassination And I) challenge an order of forfeiture passed by the Delhi Administration under Section 99A of the Code of Criminal Procedure. Criminal Application No. 332 of 1968 is filed by the author Gopal Vinayak Godse, while Criminal Application 333 of 1968 is filed by the publisher, Gana-pati Vasudeo Behere who runs a publishing house called Asmita Prakashan. The book is written in Marathi and was printed and published in Poona.

2. The 1st Respondent to the petitions is the Union of India which is joined, presumably because the constitutionality of Section 99A of the Code of Criminal Procedure and Section 153A of the Indian Penal Code is challenged. No relief as such is claimed against the 1st Respondent. The 2nd Respondent is the Delhi Administration which passed the impugned order of forfeiture on the 26th September, 1968 in supersession of an earlier order dated the 6th December, 1967. The 3rd Respondent is the State of Maharashtra which republished in its Gazettes of the 1st February, 1968 and the 17th October, 1968, the notifications of the 2nd Responde

































































































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