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REMEDY TO TIE-OVER CONSEQUENCES OF SEARCH WARRANT UNDER LAW?

Otherwise, no questions for the actions committed by the State shall be raised by any Courts, but, except under Section 96 of Cr.P.C.

The aggrieved person, over the notification of forfeiture of his copy of the newspaper, book or document by the State Government under Section 95 of Cr.P.C., can file an Application in the High Court within two months from the date of notification published in the Gazette, to set aside the Government Order against the ban enforced under Section 95 of Cr.P.C.

Such Application shall only be heard by the High Court Judges comprising minimum three in numbers or more. Wherein, the High Court does not have a bench of three Judges and a special bench may be constituted or could be heard by all the Judges of the High Court.

The Court should be presented with those banned copies of the newspaper or book or document which are clearly marked or paginated the words, signs or visible representations relating to forfeiture was made by the State under a notification. 

Provided the High Court is satisfied that it could not see anything wrong in the published items then it could set aside the notification issued by the State. Wherein, if dissenting opinion is expressed amongst the Judges, then there shall be majority opinion be followed.

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