1. The petitioner is the complainant In C. C. 8/ 77 on the file of the Sub Divisional Judicial Magistrate, Alwaye. Offences punishable under S.403, 409, 420 and 477A read with S.34 IPC. were alleged against the first respondent and 5 others who are the office bearers of the H.M.D.P. Sabha, Moothakunnam. After the filing of the complaint, a search warrant was issued under S.93 of the Code of Criminal Procedure, Act 2 of 1974 for searching the office of the Sabha and for seizing certain documents specified therein. Pursuant to the search warrant, books, documents and papers were produced before the Court. The 2nd accused thereafter filed Crl. M.P. 50 of 1977 for recalling the search warrant and for the return of the seized documents to him. The contention put forward on his behalf was that the issue of search warrant was illegal and without jurisdiction in view of Art.20 (3) of the Constitution. Reliance was placed on the decisions in State of Gujarat v. Shyamalal (AIR 1965 SC. 1251), Shiv Dayal v Sohan Lal (AIR. 1970 Punjab and Haryana, 468) as also the order in Crl. M. P. 249/76 of this Court. The trial court upheld the contention that the search was without jurisdictio