226. Examination of Witness on Commission. (1) The Magistrate or Court issuing such commission may send any interrogatories in writing submitted by the prosecution or the defense or prepared by himself which he deems relevant to the questions at issue, to the Magistrate to whom the commission is directed who shall examine the witness upon such interrogatories. (2) The prosecutor and the accused may appear in person or by pleader before such Magistrate and examine, cross-examine or re-examine as the case may be such witness provided that if the accused is in custody he shall not be entitled to appear in person. NOTE : Commissions should as a rule be addressed to Magistrates by the titles of their officers and not personally and, if the record or extracts from it are not sent with the commission, sufficient information should be given to enable the examining Magistrate to understand the points upon which the evidence of the witness is required. 226. A Evidence taken Abroad by Interrogatories. (1) Whenever in the course of any judicial proceedings under this Code it appears to a Magistrate of the first class or to a High Court that for the purpose of ascertaining the nature, source or other attribute of identification of any article the examination of a witness who is abroad is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which in the circumstances of the case would be unreasonable, such Magistrate or Court after hearing the prosecutor if any and the accused or his advocate may dispense with his attendance and may settle such interrogatories in writing to be answered by such witness as may be necessary for the aforesaid purpose. (2) The interrogatories settled by the Magistrate or Court under sub-section (1) may be answered by affidavit duly sworn by the witness in question or in such other manner as a County Judge or in his absence, the High Court or the Court of Appeal may order. 227. Return of Commission. After any commission issued under section 225 has been duly executed it shall be returned together with the deposition of the witness examined there under to the Court which issued; the commission, the return thereto and the deposition shall be open at all reasonable times to inspection by the prosecution or defense and subject to all just exceptions may be read in evidence in the case and shall form part of the record. Any deposition so taken may also be received in evidence at any subsequent stage of the same case before another Court. 76