Das, J.

1. These two petitions under Article 226 or the Constitution of India, and Section 491 of the Code of Criminal Procedure, have been heard together as they raise common questions of law. This judgment will govern both the applications. The facts out of which the two applications arise are similar but not the same, and it will be necessary to state separately the facts of two cases.

2. One of the applications is on behalf of Jagerpath Prasad thereinafter called the first petitioner), who is stated to be a shop-keeper at Chapra dealing in cloth. On or about the 4th of October, 1950, his shop was searched, and certain books, such as the stock register, cash book etc.. were taken away by the Magistrate who searched the shop. It was stated that the first petitioner was then absent from Chapra. When he returned, he came to know that a report had been made against him for his prosecution under Section 7 of the Essential Supplies (Temporary Powers) Act, 1946. On the 13th or 14th of November, 1950, the first petitioner made a representation. On the 28th of November, 1950, when the first petitioner was ill at Banaras, a second representation was made on his behalf to the Distr