Bapna, J.—This is a reference by the learned District Magistrate, Bikaner.

2. On the 4th November 1950, the Sub-Inspector Deshnok detected two bags of rice with one Nathmal while he was travelling in a bus running from Bikaner to Nokha. On the 17th December 1950, an offence was registered against Nathmal for contravening the provisions of Notification No. 51 of 23rd December 1949 and thereby committing an offence under sec. 7 of the Essential Supplies (Temporary Powers) Act 1946. The intimation of the registration of the offence reached the court of the Sub-Divisional Magistrate on 10th December 1950. On 25th December, the said Nathmal appeared before the Sub-Divisional Magistrate Bikaner North and made an application that although the police had registered the case against him, he had under the law not committed an offence as the law relied upon by the Police had since been repealed. He prayed that he may be allowed to remain on bail as he was prepared to stand the trial but the Police was bent upon disgracing him by effecting his arrest and harassing him in other ways. The learned Sub-Divisional Magistrate allowed Nathmal to remain on bail on executing a personal bond of Rs. 5,000

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