ORDER

Buckland, J. - This is an appeal by the Government of Assam against a judgment of the senior Extra Assistant Commissioner at Dhubri acquitting 12 persons charged u/s 147, Indian Penal Code, as members of an unlawful assembly, the common object of which was to resist the execution of a warrant of arrest.

2. For the present purpose a bare outline of the facts suffices, for there has been no decision upon the merits and this appeal turns wholly upon a question of law and if it succeeds a remand is inevitable.

3. Certain constables were deputed to execute a warrant of arrest against a recalcitrant witness of the name of Sanaka Bibi in connection with a criminal case in the Court of the Extra Assistant Commissioner. The execution of the warrant was resisted, and the learned Judge has held that the warrant was illegally issued with the consequence that the resistance did not amount to an offence. The warrant was issued u/s 90 of the Criminal Procedure Code, but it appears that the Court by which it was issued did not record in writing its reasons for issuing. What has now to be considered is whether a warrant issued in such circumstances is or is not a valid warrant.

4. The learned Adv