( 1 ) THE present application under sections 401 and 482 of the Code of Criminal procedure is directed against an order dated 21. 2. 1989 passed by the learned sessions Judge, Andaman and Nicobar Islands at Port Blair under sections 399 and 401 of the Cr. PC in Criminal Revision Case No. 13 of 1988 setting aside the order No. 20 dated 10. 8. 1988 of the Judicial Magistrate, First Class, Port blair discharging accused/petitioner in G. R. Case Nos. 491/ 259 of 1988.

( 2 ) THE facts and circumstances leading to the instant application are as follows: the Assistant Secretary (Vigilance) of the Andaman and Nicobar administration sent a confidential letter to the I. G. of Police, A and N Islands, port Blair alleging malpractices adopted by the petitioner in the matter of procuring and disposal of a scooter. The background of such allegation was that against an allotment order BCp060084 dated 20. 3. 79 one Sri Suresh B. Bijalani of Block No. 42/9, East Patel Nagar, New Delhi was allotted with one 'chetak' Scooter out of foreign exchange quota and the said scooter was duly supplied to Mr. Bijalani by M/s. Bajaj Auto Ltd. , New Delhi. The sale of the scooter within a p