1933 Present: Maartensz A.J.

BANDA v. GOMIS APPU.

156-P. C. Nuwara Eliya, 6253.

Fiscal's officer-Executing warrant of arrest-Warrant not in terms of form No. 60-Defect in warrant no defence to obstruction.

A warrant for the arrest of a judgment-debtor is not illegal merely because it does not follow exactly the terms of the form provided in the schedule to the Civil Procedure Code, so long as it embodies the necessary averments. A defect in the warrant is no defence to a charge of obstruction unless the obstruction followed an offer to pay the amount and the Fiscal's officer was, owing to the defect in the warrant, unable to state the amount.

APPEAL from a conviction by the Police Magistrate of Nuwara Eliya.

H. V. Perera, for accused-appellant.

L. A. Rajapakse (with him J. R. Jayewardena), for complainant respondent.

Cur. adv. vult.

August 31, 1933. MAARTENSZ A.J.-

The first accused appellant in this case appeals from a conviction under section 183 of the Penal Code for having obstructed a Fiscal's officer named D. R. P. Banda in the discharge of his public duties.

The officer was entrusted with the execution of a warrant of arrest