Mitter, J. - (1.) The question which I have to decide is whether the provisions of Chapter XIV of the Code of Criminal Procedure are applicable to an investigation of a cognizable offence committed in the suburbs of Calcutta, to which the Calcutta Suburban Police Act (Act II of 1866), applies. Upon my decision of this point will depend whether or not section 162 of the Criminal Procedure Code should apply to certain statements of witnesses recorded by the investigating officer in this case.
(2.) It is well-known that with the exception of section 155, the provisions of chapter XIV of the Code do not apply to the Commissioner of Police, or me Police, in the town of Calcutta. Soil section (2) of section 1 of the Code provides : "It extends to the whole of India except the States of Jammu and Kashmir and Manipur; but in the absence of any specific provision to the contrary, nothing herein contained shall affect any special or local law now in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law tor the time being in force, or shall apply to- (a) the Commissioners of Police in the towns of Calcutta, Madras, and Bombay, or the Police in the towns of Calcutta and Bombay; (b) ........................ (c)...................................................... Provided that the State Government may if it thinks fit, by notification in the Official Gazette, extend any of the provisions of this Code, with any necessary modifications, to such excepted persons".
(3.) By a notification in the Official Gazette, section 155 of Chapter XW v made applicable to the Calcutta Police.;