Supreme Court · 2010 INSC 395 · Decided 9 July 2010
State of Maharashtra & ORS. v. Sangharaj Damodar Rupawate & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 395 · [2010] 8 S.C.R. 328
- Case number
- CIVIL APPEAL No. 5205/2010
- Decided
- 9 July 2010
- Bench
- D.K. JAIN, H.L. DATTU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 34; CrPC Section 95, 95(1); Constitution Article 19(1)(a)
Headnote
Code of Criminal Procedure, 1973 - s. 95 - Notification under - Forfeiture for of books - On the basis of FIR alleging c offences u!ss. 153, 153A rlw s. 34 /PC - Notification quashed by High Court - On appeal held: _The power uls. 95 has direct impact on the right of freedom of speech and of Constitution and impinges on right to privacy - Therefore, the provision has to be construed o strictly and the power thereunder must be exercised only in accordance with the procedure laid down therein - It is mandatory for such notification to state the ground on which the Government formed
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)