( 1 ) THE Rule was issued by Mitter J. and Guha Ray J. for quashing the commitment of the petitioner on the ground that there is no evidence to go to the jury.

( 2 ) AT the hearing of the Rule the learned Judges differed in their opinion. In view of such difference of opinion, by an order of the learned Chief Justice dated 21-12-1953 the case was directed to be placed before me. I have now heard learned advocates for the parties.

( 3 ) THE prosecution case has been fully set out in the judgment of Guha Ray J. Originally seven persons the petitioner Sailendra Nath Mitra, Barin Ghose, Fazlul Karim, Dhiren Dutt, shib Sankar Ghose, Kalipada Sen Gupta and Kamakshya Mohan Maitra were put on their trial on a charge of conspiracy under Sections 120b/467/419/471, Penal Code.

( 4 ) BY an order dated 10-12-1951 the accused Kamakshya was tendered a pardon under Section 337, Criminal P. C. Pazlul Karim and Kalipada Sen Gupta absconded during the course of the trial Ultimately by an order dated 25-6-1953 Dhiren Dutt was discharged as in the opinion of the court there was not sufficient evidence for committing him to the Court of Sessions. By the same order the Magistrate direct