UTTAMRAO S O KESHAVRAO PATWARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who is a legal practitioner at Vaijapur, District Aurangabad, has filed this application for enlarging him on bail. His similar application was rejected by the trial Magistrate. The learned Additional Sessions Judge, Aurangabad, confirmed that order in Miscellaneous Application No. 186 of 1976. Being aggrieved he has filed this application.

(2.) The facts are not in dispute. The petitioner is a resident of Taluka place Vaijapur and is a practising lawyer. His house was searched on October 9, 1976, by the Dy. S.P. and in that section four different types of documents were seized. They are as follows : . Two cyclostyled 4 page pamphlet with the heading Lok Sangharsha in Marathi. 2. A bunch of five printed pamphlets dated 20-9-1976 being title "Amendment of the Constitution or Throatling the democracy". 3. One booklet printed in English and published on September 13, 1976, by N.G. Gore, Pune, bearing the title People. 4. One packet containing pamphlets of Maharashtra Socielties party dated 14-9-1976.

(3.) Apparently these documents were examined by the police between 9-10-1976 and 12-9-1976. Since the Police Officers formed the opinion that this printed and cyclostyled material contained prejudical report and the petitioner was in possession thereof without any lawful excuse, he was arrested for the possession of that material. The petitioners application to the Magistrate as well as to the Additional Sessions Judge was rejected on the ground the Rule 184 of the Defence and Internal Security of India Rule 1971 (hereinafter referred to as the said Rules) permits granting of bail when it is opposed by the state only if the Court is satisfied that there are reasonable grounds to believe that the petitioner is not guilty of the contravention of any of the Rules. It is this order which is being challenged before us.