This Rule is at the instance of the accused-petitioner, Subodh Singh Modak, and is directed against an order dated the 22nd July, 1972 passed by Shri Prafulla Kumar Roy, Sessions Judge, Purulia in Criminal Revision No. 10 of 1972 setting aside an order dated 29-4-1972 passed by Shri B. K. Dutta, Judicial Magistrate, 1st Class Purulia in N.G.R. Case No. 130 of 1971 under Section 4 of the Bengal Criminal Law Amendment Act, 1942 quashing the criminal proceedings against him.

2. The facts leading on to the Rule can be put in a short compass. During the investigation of Manbazar P.S. Case No. 8 dated 21-3-1970 under Section 395 and 397 of the Indian Penal Code, the police searched a house of the accused-petitioner in the present Rule, namely Subodh Singh Modak, and recovered one transistor radio with one license in the name of one Jagadish Misra. The radio and the license were thereafter seized by the police on the footing that the accused-petitioner failed to give a satisfactory explanation how he came by the same. In course of investigation the name of Jagadish Chandra Misra also transpired as having forged the license. The radio which was recovered was found concealed in a wood