- (1.) This is a petition filed by one Benoy Kumar Chattopadhyaya praying that an order of Provincial Government No. 235 Pr. dated 24th March 1949, forfeiting a sum of Rs. 1000 deposited by the petitioner under the provisions of the Indian Press (Emergency Powers) Act, 1931, (Act XXIII 23 of 1931) be set aside.
(2.) The petitioner was the publisher and printer of a bi-weekly Bengali newspaper called the "Saptaha". On 23rd December 1948, the petitioner deposited Rs. 1,000 as security as required by Section 3 of the Act. On 27th January 1949 the petitioner ceased to be the publisher and printer of the newspaper which apparently became defunct. He thereupon applied to the Presidency Magistrate for refund of the deposit which he had made. The Presidency Magistrate ordered an enquiry under Section 13 of the Act. On 24th March 1949, apparently before the result of the enquiry of the Presidency Magistrate had been communicated to the petitioner, the Provincial Government made an order under Section 8 forfeiting the security and served it on the petitioner. The petitioner thereupon filed this petition praying that the sum so deposited should be refunded to him and in accordance with the provisions of the Press Act this petition has been heard by a Bench of three Judges.
(3.) In the order dated 24th March 1949 forfeiting this security the Provincial Government alleged that the petitioner bad in the issue of the paper dated 6th January 1949, published matter containing words which in the opinion of the Provincial Government were of the nature described in Section 4 (1) (d), Press Act, that is, words which tended to bring into haired and contempt the Government established by law in the different provinces of India and to excite disaffection towards the said Government.;