Judgement

S. R. DAS J.: This is an appeal by special leave from an order made by a Special Bench of the High Court of Judicature at Madras under section 224 12 of the Indian Bar Councils Act (38 of 1926) debarring the appellant from practising as an advocate for a period of five years.

2. The material facts are these. The appellant before us is an advocate ordinarily practising at Masaulipatam. In Calendar Case No. 1 of 1949 on the file of the Additional First Class Magistrate s Court it Masaulipatam nine persons were charged with the offence of conveying rice from the village to other villages without permits. Accused Nos. 2 and 4 were not represented by any Advocate. Accused Nos. 1, 3, 5, 6 and 8, all cart-men, were defended by the appellant. Accused No. 7, who initiated the proceedings out of which the present appeal arises and who is hereinafter referred to as "the petitioner", was defended by another advocate.

The case was disposed of on the 30th September, 1949. Accused Nos. 1, 3, 5, and 6 were acquitted. Accused No. 2 was convicted and sentenced to a fine of Rs. 20 and in default of payment of fine to undergo simple imprisonment for one month. Accused No. 4 and the petitioner,