- (1.) IN this Rule obtained by the Superintendent and Remembrancer of Legal Affairs, Government of West Bengal, on behalf of the State of West Bengal, the question for decision is whether it is open to a Magistrate trying a case under section 74 of the Bengal Excise Act to direct the police to make over to the accused before the commencement of the trial, a copy of the report in regard to a charge under sub-section (1) and of the First Information Report under section 154 and all other documents or relevant extracts thereof on which the prosecution proposes to rely according to the requirements of section 173 (4), Cr. P. C. Mr. Roy, appearing on behalf of the State, contends that as this was not an investigation under Chapter 14, Cr. P. C, and as section 173 is not one of the sections mentioned in section 74 (1) of the Bengal Excise Act and further as in a summons case there its no provision at all which empowers the Magistrate to direct the police to furnish such copies etc. , as there is in section 251a (A), Cr. P. C, occurring in the chapter dealing with warrant cases the learned Magistrate was not entitled to make the order, he actually made in this case, namely, directing the police to make over certain papers or copies to the accused.
(2.) AS there is no appearance on the other side, we asked Mr. Mukherjee to argue the matter as an amicus curiae and he very kindly agreed to do so and did so with considerable ability.
(3.) SECTION 74 (1) of the Bengal Excise Act provides that a Collector or an Excise Officer empowered under section 73 (2) may investigate all or any specified class of offences punish ale under the Bengal Excise Act, may exercise any of the powers conferred upon a police officer making an investigation, or upon an officer-in-charge of a police-station, by sections 160 to 171, Cr. P. C, 1898, and as regards the offence punishable under sections 46, 48, 52 or 53 of this Act, any of the powers conferred upon a Police Officer in respect of cognizable offences by the first clause of sub-section (1) of section 54 and by section 56 of the said Code and the said portions of the said Code shall apply, accordingly, subject to any restrictions or modifications prescribed by the Provincial Government by rule made under section 85 (2) clause (0 ).;