Hari lal Agarwal, P. S. Sahay, JJ.

1. The petitioner has come to this court against an order dated 18.2.77 passed by the Chief Judicial Magistrate, patna, recalling his earlier order, dated 17.12.76 in the following circumstances. A case was started against the petitioner by the Collector of Customs under the provisions of the Customs Act, 1962 on the allegation that certain contraband articles were recovered from his possession. On 17.12-70 the petitioner filed a petition in the court below stating that the investigation in this case not having been completed within the period of six months, as provided under section 167 (5) of the now Code of Criminal Procedure, (hereinafter referred to as the Code) the investigation in question had got to be stopped and the petitioner be discharged from the case in question. The learned Chief Judicial magistrate allowed this prayer by his above order dated 17.12.76 and directed that the investigation of the case in question be stopped and the petitioner was discharged from the liability of this case. Later on, a petition was filed on behalf of the prosecution stating that the petitioner was wrongly diseharged under section 167 (5) of the