Criminal Procedure Code, 1973 Section–284,285&286 read with Sections–395,396,460,302 and 120-B of Indian Penal Code, 1860–Legality of Commission Evidence–Procedure–
Appointment of Local Commissioner–Accused had committed theft in the temple and murdered the chowkidar of the temple–The trial court convicted the accused based on evidence collected through a local commission–The ACJM, erroneously appointed a private individual as the Local Commissioner instead of a Magistrate–Appeal against Conviction–Held–That, where the essential prerequisites for issuing a commission are not complied with, the evidence so taken is inadmissible and cannot be used against the accused–A commission can only be issued to a CJM or a Metropolitan Magistrate, who must either execute it personally or appoint another Magistrate–Conviction and sentencing set aside–matter remanded for a fresh trial following due process of law. (Paras 15 & 16)