Mumbai Court May 1983 Judgments

Varsha Publications Pvt. Ltd. and anr. Vs. State of Maharashtra and or ...

Court: Mumbai

Reported in: 1983CriLJ1446

Chandurkar, Acting C.J.1. I have read the judgment proposed to be delivered by my learned brother Gadgil J., which sets out the relevant facts and the contentions raised on behalf of the petitioners. I agree with the view taken by Gadgil J. that the impugned notification does not contain the grounds as contemplated by Section 95 of the Criminal P.C. and is, therefore, liable to be struck down on that ground. The instant case, in my view, is squarely covered by the decision of the Supreme Court in Harnam Das v. State of U.P. : [1962]2SCR487 , and State of U.P. Lalai Singh Yadav : 1977CriLJ186 . Since the impugned notification is liable to be struck down on the first ground canvassed on behalf of the petitioners, I do not consider it necessary to consider the second contention that the grounds, if any, have no nexus with the forming -of opinion as contemplated by Section 95 of the Criminal P.C. 1973. In the result, I agree that the impugned notification is liable to be quashed and the co...