Bhimasankaram, J.

[1] The question raised in these proceedings is one of considerable importance. It relates to the jurisdiction of an officer described as an Executive Magistrate to pass an attachment order under Section 145 of the Code of Criminal Procedure.

[2] There are, in the Andhra State, a number of districts where the policy embodied in Article 50 of the Constitution of India "of separating the judiciary from the executive in the public services of the State" is being implemented while there are a few districts where it is not. Such separation, where it is in force, is effected not by legislation hut administratively under the terms of G. O Ms. No. 2304 Public (Separation) Department, dated 24-9-1952. originally issued by the Government of Madras (when the Andhra State was part of the Madras State) which still continues to be operative within the Stale of Andhra. This G. O. is styled as a 'Memorandum of instructions issued for the guidance of the Judicial and Executive Magistrates under the Madras Scheme of Separation of the Judiciary from the Executive". The scheme is designed within the framework of the Criminal Procedure Code and the powers and the functions o