A notification of the Government of Bihar, published in Part III of the ordinary Bihar Gazette, which contains orders, notifications, and rules of the Government of India, the Government of West Bengal, the High Court, and the Accountant-General, Bihar, and which does not contain any grounds for the forfeiture of a book, is not an order of forfeiture under Section 99A of the Code of Criminal Procedure.

U.N.Sinha, J.

1. This application has been filed by one Ghulam Sarwar Figar, under Section 99-B of the Code of Criminal Procedure, praying that an order of forfeiture of the book called "Nawa-i-Kashmir", passed by the Government of Bihar may be set aside. The facts stated in the application are as follows: It is stated that the petitioner is a journalist, carrying on a business of publishing books and supplying stationery in the name and style of Nafi and Company, at Calcutta. The petitioner has compiled the speeches of Sheikh Mohammad Abdullah, the former Prime Minister of Kashmir, delivered between the 8th of January and the 29th of April, 1958. The compilation is entitled "Nawa-i-Kashmir" and has been published by Nafi and Company. By notification No. 1449/PR-45/61, dated the 6th of November, 1961, issued by the Government of West Bengal, under Section 99-A of the Code of Criminal Procedure, this book was forfeited by the Government. (The correct number is 14424 and not 1449). The said notification of the Government of West Bengal had been published in a Gazette Extraordinary dated the 8th of November, 1961, of which the petitioner became aware on the 11th of January, 1962. The petitioner could not, therefore, apply to the High Court of Calcutta to have the order of the West Bengal Government set aside, as two months had expired from the date of publication of the order.

It is then stated that the notification of the Government of West Bengal was re-published by the Government of Bihar in the Gazette, published on the 3rd of January, 1962. The notification of the Government of Bihar is number NA/Press. O.S./1011/61-4424/C, which is dated the 29th November, 1961. It is further stated that in the notification of the Government of Bihar, it is alleged that the book in question contains matters, generally and specially at pages 39, 45, 64, 164, 167, 171, 198 and 202, which are deliberately and maliciously intended to promote feelings of enmity and hatred between the Hindu and Muslim citizens of India. It is then stated in the application that the speeches compiled in the book in question, do not justify any action by the Government under Section 99A of the Code of Criminal Procedure and the speeches, including the matters at the pages mentioned above, do not contain anything which can be said to be intended to promote or would promote feelings of enmity and hatred between the Hindu and Muslim citizens of India.

It is stated further that far from intending to promote feelings of enmity, the speeches were meant to preach communal amity and good-will. The speeches are said to be honest expression of the political belief of Sheikh Mohammad Abdullah, and contain his views against the Government, for the redress of certain wrongs committed by Sheikh Mohammad Abdullahs political opponents. It is then stated that the Government of Bihar has not applied its mind to the materials contained in the book and has only copied the notification of the Government of West Bengal. According to this application, the notification of the Government of Bihar is contrary to law, as no grounds are mentioned for the forfeiture of the book. Thus, it is prayed that the order of the Government of Bihar, dated the 29th November, 1961, published in the Bihar Gazette of the 3rd January, J962, may be set aside.

2. In order to appreciate the arguments advanced by the learned counsel for the petitioner and the learned Standing Counsel, appearing for the State of Bihar, the notification of the Government of Bihar published on the 3rd of January, 1962, incorporating the order of the Government of West Bengal, dated the 6th November, 1961, is quoted below:

(Local Language)

The 6th November 1961.

No. 1449-Pr.-45/61- Whereas it appears to the Governor that the book in Urdu entitled "Nawa-i-Kashmir" compiled by Ghulam Sarwar Figar, printed at the Taj Press, Calcutta, and published by Nafi and Co., 4 Abdul Ali Row, Calcutta-16, contains matters, specially at pag