(1.) FOR the reasons stated in the letter of reference, the order of conviction passed in this case cannot be upheld.
(2.) THE reference of directed against an order, dated 4 -4 -57, passed by Mr. Thomas, Magistrate with first class, powers, Gauhati, convicting the petitioner of an offence under Section 34 of the Police Act. The order runs as follows:
(3.) THE conviction of the petitioner is accordingly set aside, and the reference is accepted. The fine, if paid, is ordered to be refunded.