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TMI Blog1952 (10) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... nothing of an incriminating nature with reference to the purpose of the search was recovered from the premises of the petitioners in O. J. C. 17/52, but some documents were seized from the house of the petitioners 1 and 2 in O. J. C. 33/52. All the petitioners in the three petitions before us applied to the Magistrate who issued the search warrants for certified copies of (1) the report made by the police or any other person on the basis of which the search warrant was issued; (2) the search warrant; and (3) copies of the order-sheet of the Magisterial record. The Magistrate granted certified copies only of the search warrant and declined to grant certified copies of the other documents asked for. These petitioners, thereupon, came up to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 548 applies in terms. On the other side it is argued that while it may be correct to say that the Magistrate acting under Section 96, Criminal P. C. is a Criminal Court, it does not follow that the persons whose premises are searched, are entitled either to a copy of the information or report on which the search warrant is issued or of the order directing the issue of the search warrant. The learned Advocate-General, however, apart from any legal contention, was prepared to furnish the advocate on the other side with a copy of the order passed by the Magistrate for the issue of the search warrant, in order to enable the petitioners' advocate to argue the question relating to the legality of the search; but contended that so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the facts of an individual case, and as to whether the grant of such a copy would or would not reasonably prejudice the investigation which might then be pending. 3. In the present case, however, as already stated the learned Advocate-General was prepared to supply the petitioners' advocate, with a copy of the order of the Magistrate on which the search warrant was issued. He has in fact, in fairness supplied the same to the learned advocate of the petitioners while the arguments were proceeding, in order to help a proper consideration of the legality of the search. But even apart from this concession, we think that where a Magistrate passes a formal order before issuing the search warrant, the person against whom it is issued would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to decide the larger question that has been raised with reference to Section 548, Criminal P. C. On a reference to the records of the Magistrate which have been called for by this Court, we find that the order of the Magistrate is based not on any police report, but on an ordinary application by the Inspector of Special Police Establishment, Sri S. W. Abbas, which sets out the circumstances, under which he felt called upon to apply for the warrants of search. When an order for search has been made on the basis of such an application, which is not in itself a police report, setting out any of the materials collected in the investigation, we can see no legal objection to the grant of a copy thereof. Indeed, if a person affected by the search, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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