( 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 16th June 1971 code of no. GHG/85/sb. I/mts. 1170/11486:- -Whereas the book captioned Mao Criminal tse Tungmanthi Avatarano printed by Shri Purshottam Murlidhar procedure. Brahmbhatt Jayashri Mudrana 61 Avanika Park Khanpur Ahmedabad-1 1898 and published by Shri Manubhai Tribhovandas Patel Secretary Shri Dinkar Mehta Shastri Poorti Lokayat Jnankendra Trust Prarthana Samaj Raikhad Char Rasta Ahmedabad-1 contains views of Mao-Tse Tung which are full of hatred and contempt for all persons who do not subscribe to the communist ideology and also contains Mao-Tse-Tungs advice on how to overthrow a non-communist Government by violent revolution and how to establish a communist government by resort to armed revolution:- and whereas the intention of the printer and publisher of the said book as is clear from the preface to that book is that the views and advice of Mao-Tse-Tung contained in the said book should serve as a guide to understand the principles and practice of communism and thereby the printer and publisher have attempted to bring into hatred or contempt and to excite feelings of dis-affection towards the non communist government established by law in India; and whereas it appears to the Government of Gujarat that the said book contains seditious matter the important passages relating to which are reproduced in the Schedule annexed hereto which is intended to promote feelings of enmity and hatred between different classes of citizens and the publication of which is punishable under sec. 124a of the Indian Penal Code. Now therefore in exercise of the powers conferred by sec. 99a of the Criminal Procedure Code 1898 (V of 1898) in its application to the State of Gujarat the Government of Gujarat hereby declares every copy of the aforesaid book to be forfeited to Government. The Schedule annexed to the order set out the objectionable passages which were regarded by the State Government as seditious meriting punishment under sec. 124a of the Indian Penal Code. It is not necessary to reproduce these passages here:- we shall have occasion to refer to them in detail when we deal with the arguments advanced on behalf of the petitioners. It is sufficient to observe at this stage that though the book contains 184 passages from the speeches of Mao-Tse-Tung the State Government could pick out of them only six for the purpose of justifying the order forfeiting the book.

( 2 ) NOW the order made by the State Government was published in the Official Gazette as required by sec. 99a but it was not served on Manubhai Tribhovandas Patel though he was the publisher of the book. He came to know about the making of the order only when he read reports about the same in several newspapers and particularly the issue of The Times of India dated 20th June 1971. He thereupon