JUDGMENT 1. We have examined the record. We are not of opinion that the hoisting of what is called the national flag in the circumstances disclosed over a shop or refusal to take it down at the request of the police amounts to assisting the operations of an unlawful association or is an offence u/s 17(1), Criminal Law Amendment Act, 1908: sec in this connexion the case of Ram Prasad Vs. Emperor, AIR 1933 All 95 which is on all fours with the present case. The result therefore is that the convictions of and the sentences passed on the petitioners are set aside and the fines, if paid, will be refunded.