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(1) Any person having any
interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been
made under section 98, may, within two months from the date of publication in the Official Gazette of such
declaration, apply to the High Court to set aside such declaration on the ground that the issue of the
newspaper, or the book or other document, in respect of which the declaration was made, did not contain
any such matter as is referred to in sub-section (1) of section 98.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and
determined by a Special Bench of the High Court composed of three Judges and where the High Court
consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High
Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such
newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or
visible representations contained in such newspaper, in respect of which the declaration of forfeiture was
made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other
document, in respect of which the application has been made, contained any such matter as is referred to in
sub-section (1) of section 98, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision
shall be in accordance with the opinion of the majority of those Judges.
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