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Judgment
Ralph Benson, J.—The Public Prosecutor conceded that the Magistrate''s order u/s 473, Criminal Procedure Code, was made before the
witnesses for the prosecution had been cross-examined on their evidence that the search list was a ""false one"" and before the defence had any
opportunity to show that the search list was not a false one. This action was obviously premature and wrong. Cross-examination might have shown
that the prosecution evidence was untrustworthy, or its truth might have been disproved by other evidence.
Again, the Magistrate''s order is open to objection in that it does not specify or even indicate in any way, how or in what respect the search list
was ""a false"" one. The Magistrate''s order u/s 476 is, for these reasons, improper and is set aside.