( 1 ) TO arrest an accused person is not an ordinary function of a Magistrate. Then why and in what manner he should exercise this power of arresting an accused person is the real question at the centre of controversy in this case.

( 2 ) IT is an admitted position that a complaint dated 8/07/1985 has been lodged with Nalia Police Station (District Bhuj) against the opponent-accused and other four persons. It is alleged in the complaint that the opponent-accused assisted Pakistani nationals in going back to Pakistan illegally by sea-route. Some of the accused are absconding. The offence alleged against the opponent-accused and others is under the provisions of Passport (Entry into India) Rules 1980 and under the provisions of Foreigners Act and Foreigners (Restriction of Pakistani Nationals) Order 1971 and also under the Criminal Law Amendment Act. The Police was in search of the opponent-accused. The opponent knew about this fact. The opponent-accused and two other persons filed an application in this HIgh Court for grant of anticipatory bail under the provisions of sec. 438 of the Criminal Procedure Code (The Code for short ). that application was withdrawn by the