In trial of warrant cases and summons cases, the accused may be required to deposit reasonable expenses incurred by the witness before issuing summons.

1. The short question that arises for consideration is whether the petitioner should be directed to pay the batta to the witness summoned by him or should the State meet that expense.

2. The petitioner is an accused in a case initiated by the Food Inspector under the Prevention of Food Adulteration Act. As per R.206 (b) of the Criminal Rules of Practice, Kerala the allowances of complainants and witnesses (whether for the prosecution or for the defence) shall be paid by the court in cases in which prosecution is instituted or carried on under the orders or with the sanction of the Government or of any public servant acting as such. The prosecution under the Prevention of Food Adulteration Act can be instituted only with written consent of the Central or State Government or of any person authorised by those Governments (Vide S.20 of the Prevention of Food Adulteration Act). Thus prima facie the allowances of all witnesses summoned in the case must be paid by the court.

3. R.206 of the Criminal Rules of Practice starts with the words "subject to the rules hereinafter contained". It is therefore to be seen whether there is any other provision in the rules which would go against the above said meaning of R.206. The learned counsel appearing for the respondent submits that witnesses summoned under S.254 (3) or 243 (2) of the Code of Criminal Procedure will not fall under R.206 of the Crl. Rules of Practice. He bases bis argument on Clause.4 of R.210. It states "When a public servant appears in his official capacity as a witness in a case which does not fall under R.206 or 207 as in the case in which sub-s. (3) of S.254 or sub-s. (2) of S.243 of the Code is applied, the party at whose instance he is summoned, shall pre-pay into court the travelling and halting allowance admissible to him under the Service Rules applicable to him." This shows that public servants may be summoned to be witnesses and if they are summoned under S.254(3) or 243(2) then the party summoning them must prepay the travelling and halting allowances. When they are summoned under any other provision of the Code their expenses will be met by the court. This according to counsel, will give a clue as to the payment of batta. As in the case of public servants other witnesses may be summoned under the provisions of S.254(3) or 243(2) of the Code. In such cases the batta should be paid by the party summoning those witnesses.

4. S.243 comes under Chapter XIX of the Code dealing with trial of warrant-cases by Magistrates. S.238 to 250 fall within that chapter. S.243 deals with evidence for defence after the prosecution adduced all their evidence in the trial subsequent to the framing of the charge against the accused in a warrant case instituted on a police report. Clause.3 of S.243 allows the Magistrate to require the accused to deposit in court reasonable expenses incurred by the witness in attending court in pursuance to the summons. This shows that in warrant cases instituted on police report the court can direct the accused to pay the batta to witnesses summoned for defence. S.244 to 247 deal with trial of warrant cases instituted otherwise than on police report. In such cases the Magistrate should at first proceed to heat the prosecution and take all evidence produced in support of the prosecution. If on the basis of the evidence so let in by the prosecution the Magistrate forms an opinion that there is ground to presume that the accused committed the offence then he is to frame charge against the accused. Thereupon the trial will continue depending on the plea of the accused. If the accused wants to cross-examine any or all of the witnesses examined by the prosecution earlier, they are to be recalled. The expenses for recalling the witnesses are to be met by the court. When all the evidence of prosecution is let in, then the accused can enter upon his defence as provided by S.247. In such a situation the provisions of S.243 should apply. From the above p