Judgment

SHAH, J. : By order dated February 12, 1957, this court remanded the proceeding in this appeal to the High Court of Bombay with a direction that proper steps be taken for recording a finding on the question whether the sanction for the prosecution of the appellants was accorded by the Central Government under Indian Ordinance No. III of 1946 or under the Bhor State Ordinance, i.e., the Ordinance which was in force in the Bhor State. Pursuant to this direction, the Special Judicial Magistrate First Class (A. C. Branch), Poona recorded a finding that sanction had been given by the Central Govt., under the Indian Ordinance No. III of 1946 and also under the Bhor State Ordinance of 1946, but primarily the sanction was given under the Ordinance in force in the Bhor State. The Additional Sessions Judge, Poona to whom the record was submitted for his opinion recorded a finding that the sanction was granted under the Ordinance which was in force in the State of Bhor. The High Court at Bombay did not record any express finding on this question.

2. To appreciate the pleas raised in this appeal, certain material facts may be briefly set out.

3. Bhor was one of the Indian States in the D