39. Procedure where removal is desired of person confined in a prison more than one hundred miles from place where evidence is required.
(1)Where a person is confined in a prison more than one hundred miles distant from the place where any Court, subordinate to the High Court, in which his evidence is required, is held, the Judge or Presiding Officer of the Court in which is evidence so required shall, if he thinks that such person should be removed under this part for the purpose of giving evidence in such Court, apply in writing to the High Court, and the High Court may, if it thinks fit, make an order in the form set forth in the first schedule, directed to the officer in charge of the prison.(2)The High Court making an order under sub-section (1) shall send it to the [District Magistrate or the Chief Judicial Magistrate] [Substituted by Act XL of 1966 for 'District or Sub-Divisional Magistrate'.] within the local limits of whose jurisdiction the person named therein is confined, and such Magistrate shall cause it to be delivered to the officer in charge of the prison in which the person is confined.
