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 does not contain any seditious or objectionable matter nor there is anything in the aforesaid booklet which may tend to incite the feelings of enimity and hatred between different classes of citizens of India and that is why the same was not forfeited for such a long time, although it was written and published in the year 1968. The petitioner has challenged the validity of the order passed by the State Govt. on July 26, 1975 not only on the ground that it was incorrect and mala fide but also on the ground that the order of forfeiture was unlawful and untenable in law as it was passed in a mechanical manner without application of mind and without giving any reasons or grounds for the opinion alleged to have been held by the State Government, which led to the forfeiture of the booklet in question.

3. The respondent, State of Rajasthan, has not filed any reply and the learned Public Prosecutor, who appeared for the State, has submitted that the booklet KRANTI KIYON AUR KAISE", written by the petitioner, contains seditious matters and is likely to promote or incite the feelings of enmity and hatred between different classes of citizens of India and as such the order dated July 26, 1975 forfeiting the aforesaid booklet under sub-sec. (1) of Sec. 95 of the Code was passed bona fide and the said order is perfectly valid and in accordance with the provisions of law.

4. Thus, the entire controversy in the case relates to the validity of the order passed by the State Government on July 26. 1975, purporting to exercise the powers conferred upon it under sub-section (1) of Section 95A of the Code, forfeiting the booklet, "KRANTI KIYON AUR KAISE", admittedly written by the petitioner and published by Jan Prakashan Samiti, Jaipur and every copy thereof. The aforesaid notification dated 26th July, 1975 reads as under:—

"HOME XIV DEPARTMENT

NOTIFICATION

Jaipur, July 26, 1975.

S.O. 80 Whereas it appears to the State Government that the Booklet entitled "Kranti Kiyon Aur Kaise" as published by Jan Prakashan, Samiti Jaipur and printed by Azad Sandesh, Jaipur contains seditious matter which promotes and is intended to incite feelings of enmity and hatred between different classes of Citizens of India.

Now, THEREFORE, in exercise of all the powers conferred by sub-section (1) of Section 95A of the Code of Criminal Procedure, 1973 (Act No. II of 1974), the State Government hereby declares every copy of the issue of the said booklet and every copy or any other document containing copy, reproduction or extract thereof to be forfeited to the Government.

(No.F. 17 (38) Home/XIV/70)

By Order of the Governor

Sd/- Ramsingh,

Commissioner for Home Affairs & Secretary to Government."

5. It may be pertinently pointed out here that under the Code of Crimi-nal Procedure, 1973 (Act No. II of 1974)

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