[1] This criminal revision application has been preferred by the petitioners bashir Hussesin Peshimn against the order passed by the learned presidency Magistrate 28th Court, Esplanades, Bombay on 5t February 1965, whereby the learned Magistrate rejected the application of petitioners for a direction that the special prosecutor or the collectors of the central Excise be directed to furnish him with copies of certain statements and documents in their possession or in the alternative to issue a summons under S. 94 of the Criminal procedure code, directing the special prosecutor or the collectors, of central excise to produce such statement, nd documents for his inspection before the inquiry started.

[2] The facts giving rise to the application made by the petitioner to the learned magistrate and the order passed by the learned Magistrate thereon may be state, on 3rd August 1964, Shri H.R. Jokhi Assistant collectors of central Excise Marine Preventive Division Central Excise Bombay filed a compliant [being Criminal Case No. 203/W/64] in the court of the learned presidency Magistrate [28th Court, Esplanade, Bombay] Charging the petitioners Bashir Hussesin peshimam [being Accused N