1. These two matters arise out of one and the same case. The criminal revision petition is by the Income-tat Officer (Assessment) 4, Calicut and the Criminal Miscellaneous Petition is by the 1st respondent in the said criminal revision petition. The criminal revision is stated to be under S.435 and 436 the Code of Criminal Procedure and the Crl. M.P. is under S.561 A. and 439 of the Code of Criminal Procedure. For the purpose of discussion, I am referring to parties as arrayed in the Criminal Revision Petition.

2. The facts leading to these proceedings in this court may briefly be stated as follows: At about 1 a m on 24-12-1970 the police on petrol duty in certain part of Calicut saw the 2nd respondent walking along the road with a bag. The police on suspicion stopped and searched him, and found that the bag with him contained Indian currency notes of 100 rupee denomination which in the aggregate came to Rs. 1,00,000/-. He was arrested under S.54 and 550 of the Code of Criminal Procedure and was produced before the Sub Magistrate I, Kozhikode. The learned Sub Magistrate remanded the accused and sent the currency notes to the Treasury for safe custody. The police had repo