This Rule is directed against an order dated 14-1-76 passed by the Sub-Divisional Judicial Magistrate, Bongaon, issuing a search warrant on the prayer of the Assistant Registrar of Co-operative Societies, 24 Parganas (North).

2. The facts leading to the issuance of the search warrant may be stated as follows: On 3-6-75 the Assistant Registrar of the Co-operative Societies, 24 Parganas (North) filed an application before the Sub-Divisional Magistrate, Bongaon, under S. 124 (1) of the West Bengal Co-operative Societies Act, 1973 (hereinafter referred to as the Act) alleging inter alia that Madhusudan Mistiy, the Ex-Secretary of Panchita Fishermen's Co-operative Societies Limited (hereinafter referred to as the Society) has not handed over books of accounts of the Society including other assets to the present Secretary of the Society Sri Dinabandhu Kar in spite of repeated directions. He, accordingly, prayed that an order may be issued under S. 124 (2) of the Act directing a Police Officer not below the rank of Sub-Inspector to search, seize and to hand over possession of the books of accounts including its other assets to Dinabandhu Kar, the opposite party No. 3 The learned S