( 1 ) THE Court:--We have heard an appeal from an ad-interim order passed by an Hon'ble Single Judge on the 24th of June 1997 as modified by His Lordship's order dated 30th June 1997.

( 2 ) THE appeal has been heard out on the most expeditious basis because by those two orders His Lordship directed to the effect that the two appellants should not leave Calcutta unless security to the extent of Rs. 50 lakh is furnished in the case of such of those two persons.

( 3 ) THE only provision on the basis of which such an order of semi-arrest can be supported is contained in Order XXXVIII Rule 1 of the Code of Civil Procedure which deals with an arrest before judgment.

( 4 ) THAT rule is preceded in the Code by section 94 which permit the making of such an arrest.

( 5 ) BOTH the appellants who have been arrested are foreign nationals. The authority which has obtained the arrest of these two persons is the Port of Calcutta, more accurately the Trustees for the Port of Calcutta operating under, inter alia, the Major Port Trusts Act of 1963.

( 6 ) ON the 30th of June 1997 His Lordship gave time for filing of affidavits. Three weeks were granted for filing the affidavit-in-opposition. If t

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