S. S. Sandhawalia, J.

1. Is an accused person against whom a criminal case was registered prior to the enforcement of the Code of Criminal Procedure.1973 (hereinafter referred to as the New Code) entitled to the beneficial provisions of Sub-clause (a) of the proviso to Sub-section (2) of Sec.167 of the said Code?

2. The question abovementioned Is the primary and indeed the solitary issue which has been the subject-matter of debate before the Full Bench in this reference. The material facts are not in dispute and lie within a narrow compass. Baldev Singh petitioner was apprehended on suspicion by the police at about 8 A. M. on the 23rd of March, 1974, at a distance of about three furlongs from the Police Station, Ferozepore, towards the side of river Sutlej. On his personal search, incriminating documents purporting to relate to the various Army Units deployed in the Ferozepore area were recovered. On that very day a case was registered against the accused under Sec.3 of the Official Secrets Act and he was taken into custody.

3. The petitioner moved for bail before the Court of Session at Ferozepore which, however, was declined on the 14th of April, 1974. The present petitio