CHAPTER
XXVII
RULES
UNDER SECTION 477(l)(d) READ WITH SECTION 96 OF
THE
CODE OF CRIMINAL PROCEDURE, 1973.
1.
How applications under section 96, Code of Criminal Procedure to be made. — Every application to the High Court under sub- section
(1) of section 96 of the Code of Criminal Procedure, 1973 (hereinafter referred
to as "the said Code") to set aside the declaration of forfeiture in
respect of any newspaper, book or other document made under section 95 of the
Code, shall be made by the presentation of a petition which shall be signed by
the applicant and verified at the foot by an affidavit of the applicant.
2.
How petition to be written. —
The petition shall be written in the English language on foolscap paper or other
paper similar to it in size quality, book-wise, and divided into paragraphs
number consecutively. All dates and sums occurring in the petition shall be
expressed in figures.
3.
How petition to be headed and instituted. —
The petition shall be headed "In the High Court of Judicature at Bombay,
Appellate Jurisdiction "and shall be instituted. "In the matter of the
(Name or description) newspaper, book or other document", as the case may
be.
4.
What petition should state and what exhibits should be annexed to it. — The petition shall state what the interest of the
applicant is in the property in respect of which the declaration of forfeiture
has been made and all documents and copies thereof in proof of such interest
together with the copy of the declaration of forfeiture under section 95 of the
Code shall be annexed as exhibits to the petition.
5.
What petition should also state. — The
petition shall state the grounds on which it is sought to set aside the
declaration of forfeiture.
6.
What documents are to be translated into English and by whom, — All documents in the regional language annexed to the
petition as exhibits and all documents in the regional language relied upon by
the applicant and intended to be in evidence, shall be translated into English
by an Official Translator or Translators, so that no question may arise as to
the accuracy of the translation or the admissibility in evidence of the
documents and the translations annexed to them by reason of any defects in the
translations thereof.
'[Provided
that such translations would not be necessary if the documents are in Marathi
and if the party or the Advocate undertakes that English translations would be
supplied whenever an order in that respect is made by the Court in a particular
proceeding.]
7. Petition should be presented to the Chief Justice. —
The petition with exhibits annexed thereto and the translations thereof, if any,
together with a copy of such petition and exhibits with the translations shall
be presented to the Chief Justice, who will constitute a Special Bench and
appoint a day for the hearing and determination of the application.
'[Provided
that such translations would not be necessary if the documents are in Marathi
and if the party or the Advocate undertakes that English translations would be
supplied whenever an order in that respect is made by the Court in a particular
proceeding,]
8. Notice of hearing. — A notice in writing of the day appointed for the hearing and determination of the application shall be given by the Registrar to the Secretary to the Government of Maharashtra in the Home Department, and the copy of the petition and exhibits with translations, if any, mentioned in rule 7, shall accompany such notice.