Chakravartti, C.J. - (1.) THIS is an application under Section 99B of the Code of Criminal Procedure against an order of the State Government, dated May 14, 1954, and published on May 17 following, whereby they declared every copy of a publication in Bengali, entitled "Shaktishali Samaj, Part III" and by one Swami Satyanandajee Saraswati, forfeited to Government. The Petitioners are two persons, one of whom is the secretary of a society, called Shaktibad Mahamandal who claims an interest in the publication and circulation of the book and the other is one Sudhi Bhusan Das, who claims to be interested in its sale.
(2.) WE did not consider it necessary to hear the learned advocate for the Petitioners on the merits of the order, because it appeared to us that the order was, on the lace of it utterly bad. We, accordingly, invited the learned Junior Standing Counsel to satisfy us that the order was a valid and effective order, He has failed to satisfy us that it is so. The order was made under Section 99A of the Code of Criminal Procedure. As the ground on which we are going to hold the order to be a bad order is that it does not conform to the terms of that section, it will be convenient to read the section itself instead of paraphrasing its contents. The material portion of Section 99A reads thus: (1) Where - (a) any newspaper, or book as defined in the Press and Registration of Books Act, 1867, 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 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 124A or Section 153A or Section 295A 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. I need not refer to the rest of the section.
(3.) IT will appear that the section falls into three clear parts. It first lays down a condition precedent to Government's taking action under the section. The condition is that Government must form one or more of the opinions regarding the effect of the publication as are specified in the section itself. Having laid down the condition precedent, the section states that where the condition has been satisfied, that is to say, where the Government has come to think that the publication is of one or other of the characters mentioned in the section, they may declare every copy of the publication to be forfeited. This part of the section is, what I may call, an enabling provision, but the section does not stop there. While saying that the Government may take action when it comes to form a certain kind of opinion and saying further that the action taken may be to declare every copy of the publication forfeited, the section also says in what form the order of forfeiture shall be made. It enjoins that the grounds of the opinion must be stated in the order itself. That part of the section is mandatory.;