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1971 Supreme(Guj) 83

D.A.DESAI, P.N.BHAGWATI, B.J.DIVAN
MANUBHAI TRIBHOVANDAS PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: G.N.DESAI, H.B.VAISHNAV, HARUBHAI MEHTA

P. N. BHAGWATI, J.

( 1 ) THE controversy in these matters relates to the validity of an order dated 16th June 1971 made by the Government of Gujarat under sec. 99/a of the Code of Criminal Procedure in respect of a book in the Gujarati language instituted Extracts from Mao-Tse-Tung. This book contains passages extracted from the speeches delivered at different times by Mao-Tse-Tung who is the acknowledged leader of Chinese Communist thought and at present the Chairman of the Peoples Republic of China. It is printed by Purshottam Murlidhar Brahmbhatt Jayshree Mudran and published by Manubhai Tribhovandas Patel Secretary of Shri Dinker Mehta Shastri Poorti Lokayat Jnankendra Trust. The Government of Gujarat by an order dated 16th June 1971 made in exercise of the power conferred under sec. 99a of the Code of Criminal Procedure declared every copy of this book to be forfeited to Government on the ground that it contained seditious matter the publication of which is punishable under sec. 124a of the India Penal Code. The full text of the order is material and it was in the following terms :-NOTIFICATION. GOVERNMENT of Gujarat. Home Department (Special) sachivalaya Gandhinagar. Dated the













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