MODI, J.—This is a reference by the learned Sessions Judge, Jodhpur and raised an important point as to the right of a counsel for an accused who is in police custody to interview the accused out of the hearing of the police though in their presence.

2. The facts leading up to this reference may shortly be stated as follows. Mst. Moti Bai was arrested by the police on the 15th June, 1954, as she was suspected of being involved in an offence under sec. 6 of the Indian Wireless Telegraphy Act and under sec. 489(4) of the Indian Penal Code. While she was in police custody, learned counsel for the accused wanted to interview her. It appears that this interview was not granted although he was able to obtain one at the house of the Second Additional Extra Magistrate, First Glass, Jodhpur City, when the accused was taken to him for a remand under sec. 167 Cr. P. C. Learned counsel had earlier submitted an application on the 16th June, 1954, to the said Magistrate in which he had complained of his having not been allowed to interview the accused and sought for such permission. It appears that the accuseds counsel further wanted to interview the accused on the 17th and he made a request to t

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