Section 149

Where any document has been used as evidence in the inquiry in accordance with section 283(2) or 369(1), the examining Magistrate shall then inform the accused that he has the right to require the attendance of the person under whose hand the document is made as a witness at the trial, and that he may, to this end, give notice at any time before the trial to the Registrar, or to the officer in charge of the prison in which he is kept, of his wish that that person be required to attend at the trial.

On receiving any such notice from the accused, the officer in charge of the prison shall notify the Registrar.

The Registrar on receipt of such notice from the accused or from the officer in charge of the prison shall forthwith issue a summons to compel the attendance of that person at the trial.

Nothing in this section shall render such report inadmissible in evidence when the person who made it is dead or cannot be found or is incapable of giving evidence, or if his presence cannot be obtained without an amount of delay or expense which under the circumstances of the case the court considers unreasonable. [148