Smt. Ranjana Desai, J.

1. Rule. Respondents waive service. With the consent of the parties and at the request of the counsel, taken up for hearing.

2. The applicant, who is an advocate, is the author of a book entitled “Islam – A concept of Political World Invasion By Muslims” (“the book”). The book was published in 2003 by National Publications, 76, Bajaj Bhavan, Nariman Point, Mumbai of which the applicant claims to be the proprietor. The book was translated into Hindi by Dr. Anil Misr.

3. In exercise of powers conferred by sub-section (1) of section 95 of the Code of Criminal Procedure, 1973 (“the Code”) the Government of Maharashtra issued a notification dated 9/3/2007 (“the Notification”) and declared that every copy of the book as well as of the translation thereof shall be banned and forfeited to Government. The Notification is as follows:

“NOTIFICATION

General Administration Department

Mantralaya, Mumbai – 400 032

Dated the 9th March, 2007.

Code of

Criminal

Procedure, 1973.

No.PUB2007-C.N.15/07-XXXIV –

WHEREAS the national Publications having its office at 76, Bajaj Bhavan, Nariman Point, Mumbai – 400 021, has published a Book, in the year 2003, captioned as “I