H.K.Chaudhuri, J.

1. This is a Government appeal against an order of the learned Sessions Judge of Darbhanga reversing a judgment of conviction recorded by a Magistrate of the first class of that place. The respondent was convicted by the trial court under Section 5 of the Bihar Essential Services-Maintenance, Act, 1947 (Bihar Act 1 of 1948), Sec.3 of the Police (Incitement to Disaffection) Act. 1922, and Section 451 of the Indian Penal Code. For his conviction under Sec. 5 of the Bihar Essential Services Maintenance Act, 1947 , the respondent was sentenced to six months rigorous imprisonment besides a fine of Rs. 100.00 in default, to a further term of imprisonment for three months. No separate sentence was awarded for the other two convictions. In appeal the learned Sessions Judge set aside all these convictions and acquitted the respondent. It is against this order of acquittal that the present appeal is directed.

2. The respondent, a dismissed constable, was the Secretary of the Bihar Police and Jailmens Association, Under a notification issued by the Deputy Inspector General of Police, Northarn Range, there was a ban against members of the police force of the State joi