Honble PANWAR, J.–With the consent of the learned counsel for the parties, the revision petition is finally heard and being decided at the admission stage.

(2). By the order dated 10.4.2006, the record of the Trial Court was requisitioned, which has been received.

(3). The petitioner has been convicted by the judgment and order dated 20.3.2006 passed by the Additional Chief Judicial Magistrate, Barmer (for short, ``the Trial Court hereinafter) in Criminal Case No. 272/2004 for the offence under Section 19/54 of the Rajasthan Excise Act, 1950 (for short, ``the Act hereinafter) on the plea of guilty entered into by him and sentenced to undergo two years simple imprisonment and a fine of Rs. 1000/-, in default of payment of fine further to undergo one months simple imprisonment. The conviction and sentence recorded by the Trial Court is on the plea of guilty and, therefore, in view of the provisions of Section 375 of the Code of Criminal Procedure, 1973 (for short, ``the Code hereinafter), the impugned order is not appealable, hence this revision.

(4). I have heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the judgment and order impugned, as also the record of the Trial Court.

(5). It is contended by the learned counsel for the petitioner that the Challan was filed against the petitioner by the police under Section 173 of the Code in absence of the petitioner on 13.1.2004 and the petitioner has not been supplied with the copy of the police Challan papers and, therefore, there is violation of the provision of Section 207 of the Code. Section 207 of the Code reads as under:–

``207. Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:–

(i) the police report;

(ii) the first information report recorded under Section 154;

(iii) the statements recorded under sub-section (3) of Sec. 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (6) of Sec. 173;

(iv) the confessions and statements, if any, recorded under Sec. 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub- section (5) of Sec. 173;

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in Clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused;

Provided further that if the Magistrate is satisfied that any document referred to in Clause (iv) is voluminous he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

(6). From the perusal of the record of the Trial Court, it nowhere appears that on filing the Challan (final report) under Section 173 of the Code, copies thereof have ever been supplied to the petitioner or his counsel. Even from the order sheet of the Trial Court dated 13.1.2004, it nowhere appears that the copies of the Challan papers, as envisaged under Section 207 of the Code, had ever been supplied either to the accused-petitioner or his counsel. It is evident from the record that on the date of filing of the Challan, the petitioner was not before the Trial Court. Thereafter till he was convicted and sentenced, it nowhere appears that any such copy of the Challan papers, as required to be furnished to the accused under Section 207 of the Code, had ever been furnished to the petitioner and, therefore, till recording of the plea of guilty, the petitioner had no occasion to know what the case against him is and what is the

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