Judgement

HIDAYATULLAH, C. J.: The five appellants are District Magistrate of Nadia and his four assistants who have been found guilty of contempt of the High Court of Calcutta and the Sessions Court of Nadia and sentenced to fines with imprisonment in default of payment. They now appeal by special leave granted by this Court. The facts are long and need a full narration.

2. One Birendra Kumar Sarkar, Sub-Agent of Phosphate Co., Ltd. Krishnagar District Nadia, was prosecuted for contravention of the Fertiliser Control Order read with Section 7 (1) of the Essential Commodities Act and on his own plea was convicted and sentenced to Rs. 20 fine or simple imprisonment for 10 days. We are not concerned with his conviction. The fertiliser seized during investigation was sold by order of the Court and the sale proceeds held in deposit. On the conviction of Birendra Kumar the amount in deposit (Rs. 4215) was directed on March 11, 1963 to be returned to him. The same day the Phosphate Co. Ltd., applied to take out the amount and the Magistrate reversed the earlier order and directed that the amount be paid to the Company. Birendra Kumar appealed to the Sessions Judge, Nadia under Section 520