1. This is a reference made by the District Magistrate (Judicial), Kozhikode, under S.438 of the Code of Criminal Procedure. The reference arises out of C.C. No. 1986 of 1957 on the file of the Sub-Magistrate's Court, Kozhikode. That was a case in which the charge against the accused was under S.224, Indian Penal Code, for escape from lawful custody after he was arrested by the Customs Officials on 4-11-1957. The escape, according to the prosecution, was on 5-11-1957. On 11-11-1957 Shri. V. Gopalakrishna Iyer, advocate, Kozhikode, acting as counsel for the accused, is said to have produced him before the Assistant Customs Collector Kozhikode. Shri Gopalakrishna Iyer subsequently moved an application for bail on behalf of the accused and also got him enlarged on bail. In the case also Shri. Gopalakrishna Iyer filed a memo of appearance on behalf of the accused, but he was included in the list of prosecution witnesses for proving the fact that he had produced the accused before the Assistant Customs Collector on 11-11-1957. On account of this circumstance the Assistant Public Prosecutor who was conducting the prosecution objected to Shri. Gopalakrishna Iyer's appearance i