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12
LEAGUE ASSAULTS ON SATYAR THA YRARASH
India when there is no intention directly implied, although
it is possible that such writings may have the remote effect
of causing some disaffection".
Another and a latest authority' says :
"The Code of Criminal Procedure provides for a machinery
for punishment and prevention of offences against the sub-
stantive criminal law. A penal statute must be construed
strictly, that is to say,
nothing is to be regarded as within the
meaning of the statute which is not within the letter
or
which is
not expressly and intelligibly described in the
very
words of the
statute itself. 2
As a penal statute affects the liberty of a
subject, it must be construed, in case of doubt or ambiguity
in the language, in
favour'
of the subject. No liability
should be held to attach and no penalty imposed by mere
implication, and Courts should not extend or narrow down
the scope or meaning of a penal provision by loose or strained
con struction '
The same authority then proceeds to emphasize the rule
that should guide the orders of forfeiture. In accordance with
the terms of this Section two conditions are necessary (p. 468) :
1. "it must appear to the Provincial Government that
the book contains any seditious matter", and
2. "the Provincial Government must, by notification
stating the grounds of its opinion, declare" such newspaper,
book or document to be forfeited.
'A.
I. R., Third edition (1946), Vol. I, by U. V. Chitaley and
K. N. Annaji Rao, pp. 202-04.
2. Italics ours.
3. Italics authors'.