P.N.SINHA
DWIJADAS BANERJEE – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) THESE two revisional application having been heard together involves identical question of law regarding power of the Magistrate to ask the accused petitioners to give their voice for recording or to rendition of their voice to the investigating Officer (I. O.) for comparison with the voice earlier recorded in tape-record. As the points involved are identical questions of law, I intend to dispose of both the revisional applications by this common judgment and order.
( 2 ) THE facts of the case as it appears from the revisional applications is that a suo moto complaint/fir was lodged by Inspector Md. Abdur Rashid of CID, west Bengal alleging inter alia that in the morning of 12. 5. 04 he received a source information to the effect that two persons in the age group of 55/60 years would come to Russa Road (South) and crossing of 3rd Lane in front of narendra Mistanna Bhandar under Jadavpur police station between 13. 00 to 14. 00 hours with one manuscript containing the literary work of Kabiguru rabindra Nath Tagore in Japanese script with its translation in Bengali for showing it to a broker for selling the same as they were in search of a good customer for the
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