KIRTY, J. - (1.) THIS Special Bench has been constituted under Section 99 -C of the Criminal Procedure Code (hereinafter referred to as the Code) to hear and determine the application filed by, Lalai Singh Yadav under Section 99 -B of the Code.
(2.) THE State Government of Uttar Pradesh, purporting to act under Section 99 -A(1) of the Code, by Notification No. 9733 -R/VIII -B -II -1946 -68 dated December 8, 1969 declared every copy of the book entitled "The Ramayan (A True Reading)" in English by Perivar E.V. Ramaswami and the book "Sachchi Ramayan" (the Hindi translation of the above mentioned book) to be forfeited to the Government. The material portion of the said Notification reads as follows : "Whereas it appears to the State Government that the book entitled "The Ramayan (A True Reading)" published by Rationalist Publications Madras -2 and printed at the Dravidian Press, Madras -2, and the book "Sachchi Ramayan" (the Hindi translation of the above mentioned book) translated into Hindi by Sri Ram Adhar of Dulalnagar. Pukhravan, Kanpur, published by Sri Lalai Singh Yadav, Ashok Pustakalava, Jhinjhak, District Kanpur and printed by Sri Hub Lal Azad, Adarsh Printing Press Jhinjhak, District Kanpur, contain matters detailed in the Appendix to this notification, which are deliberately and maliciously intended to outrage the religious feelings of a class of citizens of India, namely, the Hindus by insulting their religion and religious beliefs and the publication whereof is punishable under Section 295 -A of the Indian Penal Code. 1860 (Act No. 45 of 1860). Now, therefore, in exercise of the powers under Sub -Section (1) of Section 99 -A of the Code of Criminal Procedure. 1898 (Act No. 5 of 1898) and on the grounds mentioned above, the Governor is pleased to declare every copy of the aforesaid books and of any other document containing copies, reprints and translation of extracts, for the said books, to be forfeited to Government". Initially, a question arose as to whether the application itself had been filed within the time allowed by Section 99 -B of the Code. If time is computed from December 8, 1969, which is the date of the relevant Notification, the application admittedly would be beyond the prescribed period. If time is to be computed from the date of the publication of the Notification in the U.P. Gazette, the application is within the time allowed by law. Section 99 -A of the Code itself provides that the "State Government" may by notification in the Official Gazette ... ... declare ... ... every copy of such book or other documents to be forfeited to the "Government". It is, therefore, clear that the effective order against which an application can be filed in the High Court under Section 99 -B of the Code is the order containing the Notification published in the Official Gazette. Till the publication of the Notification in the Official Gazette no effective order of forfeiture can be said to have been passed and therefore, in the instant case the relevant date for computing the period of limitation prescribed by Section 99 -B must be the date of publication in the U.P. Gazette, i.e. December 20, 1969.
(3.) FOR the decision of the case the requirements of the law as contained in 1971 Section 99 -A of the Code have to be determined in the first instance, because it was inter alia contended that the impugned Notification of forfeiture does not fulfil the requirements of the law, namely, the specific provisions contained in Section 99 -A of the Code. The material part of Section 99 -A(1), omitting the parts which are not necessary, reads as follows : "99 -A(1) ........ Where ....... (a) any newspaper, or book... ... or (b) any document, wherever printed, appears to the "State Government" to contain any seditious matter, or any matter which promotes or is intended to promote feelings of enmity or hatred between different classes of 'the citizens of India' or which is deliberately and maliciously intended to outrage the religious feelings of any such class by insulting the religion or the religious beliefs of that class, that is to say, any matter the publication of which is punishable under Section 124 -A or Section 153 -A or Section 295 -A of the Indian Penal Code, the State Government may, by notification in the Official Gazette, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter and every copy of such book or other document to be forfeited to Government....................." Section 99 -A comprehends three categories of cases. In the instant case we are concerned with the third category, that is, a case in which the book in question appears to the State Government to contain matter which is deliberately and maliciously intended to outrage the religious feelings of a class by insulting the religion or religious beliefs of that class, that is to say, the publication of the matter is punishable under Section 295 -A of the Indian Penal Code. The legality of the Notification has to be tested with reference to what has been just stated and also the subsequent part of Section 99 -A which requires the State Government to state "the grounds of its opinion". Before considering whether the impugned Notification fulfils the requirements of Section 99 -A of the Code, it would be appropriate to mention that the learned counsel for the applicant had also submitted that the Notification is invalid on the following grounds, as well : - (1) That Section 99 -A and the order of the State Government thereunder are invalid as they offend sub -clauses (a), (f) and (g) of Article 19(1) and Article 31 of the Constitution. (2) That the power to declare any book or document to be forfeited to the Government conferred on the State Government under Section 99 -A(1) of the Code is a quasi judicial power and the impugned Notification and order, having been made without giving any notice or opportunity of hearing to the applicant, violated the principles of natural justice. ;