GAJANAN VISHESHWAR BIRJUR versus UNION OF INDIA AND ORS.
Confiscation orders are invalid for failing to specify which books or portions thereof violated which clause of Notification No.77; such orders affect fundamental rights to occupation and freedom of expression and are vitiated by absence of specification in both show cause notices and final orders.
- Parties
- Petitioner: Gajanan Visheshwar Birjur; Respondents: Union of India and Ors.
- Jurisdiction
- India
- Judgment Date
- 12 July 1994
- Procedural Posture
- Writ Petition (civil) / Final Judgment
- Outcome
- Petition allowed
- Legal Topics
- Freedom of Speech and Expression, Confiscation of Imported Goods, Restriction on Trade, Notification No.77 of 1956, Section 111(d) Customs Act 1962
Case Brief
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Parties
Gajanan Visheshwar Birjur
Petitioner
Union of India and Ors.
Respondents
Procedural Posture
Writ Petition (civil) / Final Judgment
Legal Issues
- 1 Validity of confiscation orders for imported books under Notification No.77 dated 22nd September, 1956
- 2 Requirement of specification of offending material under Notification No.77
- 3 Violation of fundamental rights under Articles 19(1)(a) and 19(1)(g)
Ratio Decidendi
Confiscation orders are invalid for failing to specify which books or portions thereof violated which clause of Notification No.77; such orders affect fundamental rights to occupation and freedom of expression and are vitiated by absence of specification in both show cause notices and final orders.
Court Disposition
Petition allowed
Orders
- Impugned confiscation orders quashed
- All seized books to be returned to petitioner forthwith
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