This matter upon a reference made by a learned Single Judge of this Court arises from a conviction under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (to be hereinafter referred as the Act ). The question raised in the case are these:

(1) Whether an officer of the Force making an inquiry under Section 8 (2) read with Section 9 of the Act is bound to furnish copies of the statements of persons examined by him under Section 173 (4) of the Old Code of Criminal Procedure (Corresponding to Section 207 of the Code of Criminal Procedure, 1973) ?

(2) Whether, if it is not obligatory upon the prosecution to supply the copies, an accused, in order to show the contradiction, or inconsistency between the statement of the witness at the trial and what he had stated before the inquiry officer, can call in advance for the copy for the purposes of Section 145 Indian Evidence Act?

(3) If the answer to the above is in the negative, in what manner the trial court should act to ensure a fair trial of the accused?

(4) Whether an accused not making a request for copies at the trial can complain of material prejudice being caused to him by the non-supply of such copies