Case to be sent to Magistrate when evidence is sufficient

(1) (a) If upon an enquiry under this Act it appears to the Deputy Commissioner or the officer holding the enquiry that there is sufficient evidence, such officer shall forward the accused under custody to a judicial Magistrate competent to try the case or if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Judicial Magistrate on a day fixed and for his attendance from day to day before such Judicial Magistrate until otherwise directed and shall also forward to such Judicial Magistrate a report setting forth the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances of the case and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond and if so with or without sureties. (b) Such Judicial Magistrate shall take on such report cognizance of the offence charged. (c) The accused on his application shall be entitled at his own cost to a copy of such report before the commencement of the trial. (2) Nothing herein contained shall have the effect of debarring of Judicial Magistrate from taking cognizance otherwise than on such a report i.e. in accordance with the provisions of section 190, Criminal Procedure Code: Provided that such Judicial Magistrate shall not take cognizance of an offence under the Excise Act, 1958, on complaints made by private individuals. (3) When such Officer as aforesaid forwards an accused person to a Judicial Magistrate or takes security for his appearance before such Judicial Magistrate under this section, he shall send to such Judicial Magistrate any articles seized which it may be necessary to produce before him and shall require the complaint (if any) and so many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute bond to appear before the Judicial Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. (4) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be deemed to include any Court to which such Judicial Magistrate may refer the case for trial; provided reasonable notice of such reference is given to such persons. (5) The day fixed for the appearance of such persons shall be the day when an accused person is to appear, if security for his appearance has been taken or the day on which he may be expected to arrive at the Court of the Judicial Magistrate if he is to be forwarded in custody.