ORDER

Niamatullah, J. - This is a reference made by the learned Sessions Judge of Benares u/s 438, Criminal P.C., recommending that the conviction of the applicants of an offence of theft and sentences of fine passed on them by a Magistrate of the First Class in that district be set aside. The applicants for revision, Lalta Singh and Ram Sakal Singh , are nephews of one Jagardeo whose growing crop was attached in execution of a civil Court decree at the instance of Mahabir, the decree-holder who is also the landholder and cut and removed the crops said to have bean so attached.

2. The attachment was made by beat of drum and it is not disputed that the procedure prescribed by Order 21, Rule 44, Criminal P. C, was not followed. That rule provides that in case of growing crops attachment shall be made

by affixing a copy of the warrant of attachment on the land on which such crop hag grown

and another copy on the outer door or some conspicuous part of the house in which the judgment-debtor ordinarily resides;

and the produce shall thereupon be deemed to have passed into the possession of the Court.

3. The crops will otherwise remain in the possession of the judgment-debtor. Unlike eases of o