145. Procedure in regard to prosecution in Excise and opium cases in Court.
- The following procedure is laid down in regard to the prosecution of Excise and opium cases :(1)Excise cases sent up by police-The procedure as to prosecution by Court officers to be the same as in other police cases.(2)In cases sent up by Excise Officers-(a)In cases in which the employment of an officer to prosecute is considered necessary, the Excise Officer, though not formally prosecutor will assist the Court;(b)In cases in which the employment of an officer to prosecute is considered necessary by the Deputy Commissioner or Superintendent of Excise/Sub-divisional Officer or in his absence by the senior officer n charge of his office, when the case is of such importance or intricacy that it is considered necessary to engage a pleader. In such cases the Government pleader or Public Prosecutor should ordinarily be engaged. The District Magistrate may, however, engage a private practitioner. The cases in which the Court police or a pleader appears, the Superintendent of Excise or an Excise Officer not below the rank of Sub-Inspector should, according to the circumstances of each case, invariably attend the Court on the days of hearing with a view to assist the prosecuting officer and to press, where necessary, for inflicting deterrent punishment on the accused when he is convicted.(c)Similarly in connection with the hearing of appeals before the Court of Sessions, the Collector should, if he considers it necessary apply to the District Magistrate for the service of Government pleader or Public Prosecutor and before the High Court for services of the Government Advocate. The District Magistrate should communicate with the Superintendent and Remembrancer of Legal Affairs through the Excise Commissioner if he considers the appearance of a counsel desirable.
