ORDER

1. The facts and circumstances of the case giving rise to the applications on which these Rules were issued may be briefly stated: An investigation in which the complicity of the petitioners in the matter of offences contemplated by Section 46, Bengal Excise Act, has been started by the Excise authorities, and the petitioners were during the course of such investigation arrested. On furnishing bail to the satisfaction of the Magistrate before whom the petitioners were placed after their arrest, they were released from custody. At a time when they were on bail an Inspector of Excise applied to the Magistrate for permission to take measurements and photographs of the petitioners, and it was mentioned in the application that measurements and photographs were required for the purpose of the investigation. The application for taking measurements and photographs was made u/s 5, Identification of Prisoners Act, and the Magistrate in his order recorded on 1st November 1935 stated that he was satisfied that for purposes of investigation of the case photographs and measurements were necessary; and direction was given to the petitioners to allow them to be taken. As against the aforesaid