Falshaw, J.

1. The circumstances giving rise to-this reference by the learned Ses. J. at Delhi, Criminal Revision 893 of 1949, are as follows. Gurcharan Singh respondent was formerly em- ployed as a Held Inspector in the office of the Custodian of Evacuees Probity & it is alleged that while acting in this capacity he misappro priated some evacuees property over which he had dominion. The casa was first registered as a result of report to the police on 2- 1- 948, & as a result of the investigation by the police Gur-charan Singh was arrested on 31 4 1948, & released on ail on the following day, the 1st of May. The chalan was actually put into the Court of a Magistrate on 23- 7-1948, under Section 409, Penal Code. On 18 8 1948, preliminary objections to the legality of the Courts proceeding with the trial were raised on behalf of the accused. These objections were primarily based on my decision in Cri. Revn. No. 191 of 1948 decided on 18-7 1948, in which I held that as long as the provisions of Section 5, Prtiveniion of Corruption Act, ACS II (2) of 1947, remained in force, Section 409, Penal Code, so far as it related to offences by public servants, stood repealed. In effect