CHAGLA, C.J.- These are two applications under S. 23, Press (Emergency Powers) Act, 1931, by the keeper of the Jai Gujarat Printing Press and the printer and publisher of the newspaper Mashal. The keeper made a declaration on 17th June 1949, and he was ordered to deposit a sum of Rs. 1,000 which he deposited on 24th June 1949. Government issued a notice on 24th November 1949, purporting to be under Sub-s. (3) of S. 3 of this Act, calling upon him to deposit with the Chief Presidency Magistrate, Bombay, the sum of Rs. 3,000 on or before 6th December 1949. This notice was in connection with an article that appeared in a paper called the Mashal, dated 24th September 1949. This paper is published both in Gujarati and in Marathi. It would be convenient to deal first with the application of the keeper, because, in our opinion, the technical objection raised by Mr. Jhavari must prevail.

2. Now, when a deposit is made and a security is given, the law permits the Provincial Government under S. 4 to forfeit the deposit, and in this case, although the deposit was made, Government have not forfeited the deposit but have purported to act under S. 3, sub-s. (3). Now, under that section,