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1979 Supreme(Raj) 175

DWARKA PRASAD, K.S.SIDHU, MAHENDRA BHUSHAN
Virendra Bandbu – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
V.K. Bandhu, Petitioner in person; M.I., Public Prosecutor.

DWARKA PRASAD, J —This is an application under sec. 96 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), challenging the validity of the notification No. F. 17 (38) Home XIV/70 dated July 26, 1975 issued by the State Government of Rajasthan and published in the Rajas-than Rajpatra, Extraordinary dated July 26, 1975, forfeiting the booklet entitled "KRANTI KIYON AUR KAISE" and every copy thereof, purporting to exer-cise the powers conferred upon it by Sub-section(l) of Sec. 95 of the Code.

2. The case of the petitioner in short is that he is a practising advocate at Jaipur since February, 1963 and was also General Secretary of the Civil Liberties Union, Rajasthan and that he wrote a booklet entitled KRANTI KIYON AUR KAISE" in the year 1968, which was ordered to be forfeited by the State Government by its order dated July 26, 1975. According to the petitioner, he was arrested on July 4, 1975 and was kept in detention under the provisions of the Maintenance of Internal Security Act, and in his view the forfeiture of the aforesaid booklet was a mala fide attempt to justify the petitioners detention. The petitioner has asserted that the booklet in question























































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