( 1 ) THIS Rule was issued upon a revisional application made on behalf of the petitioner, Awadh Behari Singh, who has been convicted by a Magistrate, 1st Class at Siliguri for an alleged offence under Section 9 (a) of the Opium Act and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000 in default, to undergo rigorous imprisonment for six months. That order of conviction and sentence was affirmed on appeal by the learned Sessions Judge of Jalpaiguri-Darjeeling.

( 2 ) THE petitioner Awadh Behari Singh, a member of the Indian Army being a Company Commander of the rank of a Naik in the 9th Grenadiers (Mewar ). He was arrested in a military compartment while he was travelling by the railways and was produced before the Magistrate at Siliguri on 29th of March, 1962. Allegations against him were that on search of his beddings in the military compartment, a packet containing about eleven seers of contraband opium was found for which he had no licence. On being produced before the Magistrate, the accused was granted bail of rupees 25,000 with two sureties of Rs. 12,500 each. By order dated the 12th of April, 1962, the learned Magi