128. The following instructions of the summoning of post office officials and records should be carefully followed:-
(a)Section 95 of the Code lays down the procedure for the production of post office or telegraph office records before Courts of criminal jurisdiction. Sub-section (3) of Section 94 of the Code expressly exempts a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authorities from the operation of sub-sections (1) and (2) of that Section and a Court desiring the production of any such letter or telegram must proceed under Section 95. The intention of this section appears to be that an officer should be deputed by the Court concerned to go to the office where such letter or telegram is, and that the postal or telegraph authorities should be directed to make over the document to the officer so deputed, who will then be in a position to prove that the document was produced from the custody of the postal or telegraph authorities.(b)The attendance of telegraph office clerks should be required only if they are in a position to prove the handwriting of the message or otherwise identify the writer or person who handed it in for transmission or to give material evidence on other relevant matters which cannot be proved from other sources.
