ORDER

1. These are two Rules against convictions of 2 members of the Civic Guard by a Magistrate of Alipore which have been upheld on appeal by the Additional Sessions Judge, 24 Parganas. The petitioner S.B. Hossain has been convicted u/s 213/109, Penal Code and u/s 217, Penal Code and sentenced to 6 months' rigorous imprisonment under each section, the sentences to run concurrently. Hafiz Khan has been convicted u/s 213, Penal Code and also sentenced to 6 months' rigorous imprisonment. Briefly, the prosecution case is that one Hiralal was arrested on the night of 19th August 1944 carrying two bags of atta and flour weighing about 3 maunds which act prima facie appeared to be an offence as the carriage was within a rationed area. Two of the Civic Guards approached him and demanded a bribe of 8 rupees. They were then interfered with by other Civic Guards and eventually Hiralal was sent by the Group Commander Makhan Lal Ghosh (P.W. 5) to the District Commandant one Mr. Unsud Dowla who lived at a house called Barakuthi. A note Ex. 6 was sent along with Hiralal which was brought by the accused Hafiz Khan. The District Commandant was asleep and the case was dealt with in his absence by t