Deputy Fiscal, Kegalla V. Tikiri Banda

1928 Present: Jayewardene A.J.

DEPUTY FISCAL, KEGALLA v. TIKIRI BANDA.

316-P. C. Kegalla, 8,930.

Warrant-Arrest of judgment-debtor-Not signed by Judge-Validity-Escape from legal custody-Penal Code, s. 220.

A warrant, which is issued for the arrest of a judgment-debtor in terms of section 219 (2) of the Civil Procedure Code and Which is not signed by the Judge, is void.

A person who escapes from the custody of an officer purporting to execute such a warrant is not guilty of an offence under section 220A ' of the Penal Code.

APPEAL from a conviction by the Police Magistrate of Kegalla,

Navaratnam (with de Zylva), for accused, appellant.

Ferdinands, for complainant, respondent.

Schokman, C.C., for Attorney-General, as amicus curiae.

July 11, 1928. Jayewardene A.J.-

This case was first argued before me on June 15, when there was no appearance for the respondent, and I desired that notice be issued to the Attorney-General. Counsel appeared for the respondent at the second hearing, and I heard Crown Counsel on behalf of the Attorney-General as amicus curiae.

The accused was charged with escaping from the custody of a

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