( 1 ) THIS judgment will not only dispose of Cr. Rev. 224 of 1972 but also Cr. Writ 20 of 1972 both preferred TO by Prem Sarup Puri; Cr, Revision 265 of 1972 has been preferred TO by the State.

( 2 ) THE Hon ble the Chief Justice has constituted this Bench for hearing the above on a reference made by one of us (Ansari. J. ).

( 3 ) THE facts alleged by the prosecution may be briefly stated. One Ravi batra of Simla had applied in response to an advertisement in the Hindustan Times in the winter months of 1966. for the post of an Executive. in an eminent international organisation, care of a certain Post Box Number: he was called for an interview and interviewed by Prem Sarup Puri (hereinafter called puri ) at his residence in Defence Colony, New Delhi, some time in February. 1967. Puri advised Ravi Batra to apply for a passport as the post would entail travel abroad. Ravi Batra accordingly applied to the Regional Passport Officer. New Delhi and also addressed a letter authorising P. R. Mehra of Messrs Sita World Travels, New Delhi to collect his passport from the office of the Regional Passport Officer. At the suggestion of Puri Ravi Batra further wrote to P. R. Me