Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against a judgment dated April 5, 1974 of the Calcutta High Court by which the order of the trial Court was set aside and the case was remitted for fresh hearing in the light of the directions given by the High Court. The High Court further directed that the Commitment Inquiry held by Mr. R. P. Roy Chowdhury, who was the trial Magistrate. should be held by some other Magistrate.

* Reported in (1974) 1 Cal HC (N) 325.

2. The facts of the case lie within a very narrow compass and the central controversy turns upon the interpretation of S. 14 of the Official Secrets Act, 1923 (hereinafter referred to as the Act). It appears that a complaint was filed on the 20th March 1969 against 38 accused persons under Section 120B of the Indian Penal Code read with Sections 3, 9 and 10 of the Act. The charges against the accused were no doubt very serious and concerned the security of the State, as the accused persons are alleged to have passed on some military secrets to the enemy resulting in serious detriment to the safety and security of our Country. Of the 38 accused persons named in the chargesheet, only 17 were in custody and a