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1967 Supreme(Del) 48

H.R.KHANNA, K.S.HEGDE, T.V.R.TATACHARI
MOHAMMAD KHALID – Appellant
Versus
CHIEF COMMISSIONER, DELHI – Respondent


K. S. Hedge C. J. ,h. R. Khanna and Tatachari JJ.

( 1 ) THE brief facts, giving rise to this application under Section 99-B, of the Code of Criminal Procedure (hereinafter referred to as the Code) by Mohammad Khalid petitioner, are as under : - On 27th November 1959, the Chief Commissioner of Delhi issued the following notification under Section 99 A of the Code.

"no. F, 110/59-C, Whereas the Chief Commissioner, Delhi is satisfied that the book entitled khilafat i Meawia wa Yazid in Urdu by Mohammad Ahmed Abbasi and published by Ruhani Kutub Khan Pul Bangash, Delhi, contains matter which is deliberately and maliciously intended to promote feelings of enmity or hatred between different classes of citizens of India and the publication of which is punishable under-Section 153-A of the Indian Penal Code (Act XLV of 1860) Now, therefore, on the above-stated grounds and in exercise of the powers conferred by Section 99a of the Code of Criminal Procedure (Act V of 1898), the Chief Commissioner Delhi, hereby declares to be forfeited to Government every copy of the said book and all other documents containing copies, reprints and translations of or extracts from the said book. By Order A.














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