SHARMA, J.

( 1 ) THIS is an appln by Praml Khem Raj, Advocate the editor of congress Ka khuni Itihas, under Section 99 B of the Cr. P. C. The circumstances giving rise to it are as follows:

( 2 ) PREMI Khemraj (who will hereinafter be referred to as the author in this judgment) edited a booklet named congress Ka Khuni Itihas in the year 1946 and it was published by Hindu Pustak Bhandar, Jaipur, in December, 1946. The then Govt of Jaipur by its order No. 8984/mb, dated 9-7-1948, published in the jaipur Gazette dated 1-8-1948, proscribed the said booklet as well as another booklet, Punjab Men Pakistani Gundashahi edited by Gulab Chand Kala, which was also published by Hindu Pustak Bhandar, Jaipur. The order runs as follows: "congress Ka Khuni Itihas punjab Men Pakistani Gundashahi jaipur, 9-7-1948. Whereas the Govt of Jaipur are satisfied that the circulation within the state of the marginally noted booklet is likely to be prejudicial to communal harmony and consequently to the maintenance of public peace and order In the State, and whereas the Govt of Jaipur for the aforesaid consideration deem it necessary to prohibit the purchase, transfer, sale, or otherwise possession o