( 1 ) THIS revisional application is directed against an order of Shri Amal Kumar Chatterjee, Presidency Magistrate, Calcutta, rejecting a prayer made by the accused petitioners for supplying copies of statements which may have been recorded by the Excise Officer in the course of the investigation of the case, which is one under Section 120b of the Indian Penal Code taken with Section 46 (a) of the Bengal Excise Act. The learned Magistrate observed that the investigation having been made under a special statute, namely, Bengal Excise Act, the statutory provisions of Section 173 (4) of the Criminal Procedure Code were not applicable and therefore the accused were not entitled to copies, as of right The learned Magistrate also considered whether he should use his discretion in directing that copies should be furnished, and referred to the decision in Natabar Jana v. State, where the question of supplying copies of statements of witnesses recorded by the police in a case where the investigation was not held under Chapter 14 of the Code, was considered. The learned Magistrate however did not consider it necessary to exercise his discretion in favour of the accused in view of t