REGD. NO. D. L.-.33004/99 The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. G6| NEW DELHI, FRIDAY, FEBRUARY 2, 2001/MAGHA 13,1922
333 Gl'2l)()l2 THE 0ALETTE OF INDIA : EXTRAORDINARY |EAKTH—SLI\ 3(ii)l
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 31 st January, 2001
S.0.97(E). Wh"reae arrangements have beeh made with the Government of the United Arab Ertii rates for service of summons or warrant, 1h relation to criminal matters, on ahy person in the United Arab Emirates , the Central Government, in pursuanco of clause (ii) of sub-section (1) of section 106 of the Code of Criminal Procedure, 1973 (2 of 1974), herteby directs that
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any, person requiring him to attend and produce a document of other thing, or to produce it, or
(d) a search warrant;
shall be Issued by a Court in India, in duplicate, to the competent Criminal Court having authority, under the law in force in that country, through the Central authority in the United Arab Emirates, directing that Court to serve such summons or execute such warrant on the person named therein.
2. The Central Government further directs that such a summons or a warrant shall be sent to the Ministry of Home Affairs, Go\t&rnment of India, New Delhi for transmision to the authority in the United Arab Emirates.
[F. No. 2/9/2000-Judl. Cell]
D U R G A D AS GUPTA, Jt. Secy.
3
NOTIFICATION
New Delhi, the 31st January, 2001
or* aatv\ In pursuance of sub-section (2) of spc^i&n 105 of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby specifies the competent, Criminal Court in the United Arab Emirates and having authority, under the law in force in that country, to issue a summons to an accused person, or a warrant for the arrest of an accused person, or a summons to any person requiring him to attend and produce a document or other thing, or to produce it in elation to criminal matters as the Court by which such a summons or a warrant m,$y b.e issued to persons residing in India in relation to criminal matters.
2. The, Central Government further directs that in a case where a summons or a search warrant received from the United Arab Emirates has been executed, the documents or4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SFC 3(ii)| things produced or things found in the search shall be forwarded to the Court issuing the summons or the search warrant through the Ministry of Home Affairs, Government of India, New Delhi, for transmission to the Central Authority in the United Arab Emirates.
[F. No. 2/9/2000-Judl. Cell]
D U R G A D AS GUPTA, Jt Secy 5
NOTIFICATION
New Delhi, the 3 1 st January. 2001
S.O. 99(E). Tn pursuance of sub-section (1) of section 105B of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby directs that a warrant from a Court In India for arrest of a person to attend or produce a document or other thing, to be executed in any place in the United Arab Emirates shall be issued in the form annexed hereto and that such warrant shall be sent in duplicate to the Ministry of Home Affairs, Government of India, New Delhi for transmission to the Central Authority in the United Arab Emirates.
Form
Warrant To Bring Up A Witness
(see section 105B)
To
The Competent Criminal Court of United Arab Emirates.
(Through the Central authority, United Arab Emirates) Whereas complaint has been made before me that (name and description of the accused) or (address) has (or is suspected to have) committed an offence of (mention the offence concisely), and it appears likely that (name and description of witness) can give evidence concerning the said complaint, and whereas it appears that the said witness is residing within the local limits of your jurisdiction. And whereas I have good and sufficient reason to believe that he will not attend or produce the following documents or other things; unless compelled to do so :
(i) 1 H&re give the list
(ii) [ of documents or things to be
(i 1 i) | produced.
I,-"- have the honour to request and hereby do request that for the reasons aforesaid and for the assistance of the said Court, you will be pleased to cause the said (Name of the witness) to be arrested and also require such person to produce the document or thing listed above which may be in his possession and to forward the person in custody alongwith the documents or things to the undersigned through the Ministry of Home Affairs, Government of India, New Delhi.
Given under my hand and the seal of the Court this day of 2001.
Seal of the Court Judge/Magistrate
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D U R G A D AS GUPTA, Jt. Secy.
7o THF aA7.FTTE OF 1NDIA : EXTRAORDINARY [PART II—SEC. 3(U)1
d M ^ IM ^ All, > 1 ^ 1 > • V'l ^
NOTIFICATION
New Delhi, the 31st January, 2001
S.O. 100(E).— In pursuance of sub-section (2) of section 105B of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby directs that summons or warrant, as the case may be, for attendance of a person during the investigation or inquiry in any criminal case, to be served or executed in any place in the United Arah Emirates shall be issued in the forms A or 8 annexed hereto, as the case may be, and such summons or warrant shall be sent to the Ministry of Home Affairs, Government of India, New Delhi for transmission to the Central authority, in the United Arab Emirates.
Form A
Summons To Witness
[see sub-section (2) of section 105B]
TO
Whereas application has been made before me that J> (Name of the accused) of (address) has (or is suspected to have) committed th© offence of (state the offence concisely with time and place) and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution;
You are hereby summoned to appear before the Court on the day of next at 10 O'clock in the forenpon to produce such document or thing or to testify what you know concerning the matter of the said application, and not to depart then without the order of the Court, and you are hereby warned that, if you shall without just cause neglect or refuse to appear on the said date, a warrant will be Issuer to compel your attendance.
Dated, this date of 2001.
Seal of the Court
Signature
Form - B
Warrant To Bring Up A Witness
[see sub-section (2) of section 105B]
To
The Competent Criminal Court Of United Arab Emirates.
(Through the Central Authority, United Arab Emirates) Whereas application hat been made before me that, (name and description of the accused) of (address) has (or 1" §U§pected to have) committed an offence of ...——. (state the offence concisely with time and place) and it appears to me that (name and description of witness) is likely to g,ve material evidence or to produce any document or other thing for the prosecution; and whereas the said witness is residing within the local limits of your jurisdiction; and whereas I have good and sufficient reason to believe that h© will not attend the investigation or inquiry of the said case unless compelled to do so;
I, , have the honour to request and hereby do request that for the reasons aforesaid and for the assistance of the said Court, you will be pleased to cause the said (name of person) to be arrested and to forward him in custody to the undersigned, through the Ministry of Home Affairs, Government of India, New Delhi.
Given under my hand and the seal of the Court 11 this-"—"™'— day of ™"" —--2Q01.
8"al pf th" Oeurt Judg"/Maflistrata
[F. No. 2/9/2000-Judl. Cell]
DURGADAS GUPTA, Jt Secy12 THE GAZETTE OF INDIA : EXTRAORDINARY [PARTII~SEC, 3(ii)]
NOTIFICATION
New Delhi, the 31st January, 2001
SO 101(E). Whereas arrangements have been made by the Central Government with the Government of United Arab Emirates for taking the evidence of witnesses.residing in the United Arab Emirates 1n relation to criminal matters in Courts in India, the Central Government 1n pursuance of sub-section (3) of section 285 of the Code of Criminal Procedure, 1973 (2 of 1974) and in supersession of the notification of the Government of India in the Ministry of Home Affairs No.S.R.0.3490 dated the 2nd November, 1965, except as respects things done or omitted to be done before such supersession, hereby directs that (a) Commission for examination of witnesses in relation to criminal matters in the United Arab Emirates shall be issued by the Courts in India in the form annexed hereto, to any competent Criminal Court of United Arab Emirates having authority under the law in force in the United Arab Emirates; (b) such Commission shall be sent to the Ministry Home of Affairs, Government of India, New Delhi, for transmission to the Central Authority in United Arab Emirates.
13 IN THE COURT OF
Commission to examine witness outside India [section 285(3) of the Code of Criminal Procedure, 1973].
To
Through the Ministry of Home Affairs, Government of India, New De1h1.
Whereas it appears to me that the evidence of -
is necessary for the ends of justice In case No. Vs in the Court of and that such witness 1s residing within the local limits of your jurisdiction and his attendance cannot be procured without unreasonable delay, expense or Inconvenience, I, , have the honour to request and do hereby request that for the reasons aforesaid and for the assistance of the said Court, you will be pleased to summon the said witness to attend at such time and place as you shall appoint and that you will cause such witness to be examined upon the interrogatories which accompany this Commission (for viva voce).
Any party to the proceeding may appear before you by his counsel or agent or, if not 1n custody, in person, and may examaine, cross-examine or re-examine (as the case may be) the said witness.
H THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(101And I further have the honour to request that you will
be pleased to cause the anawer* of the eaid witness to be
reduced Into writing and all books, letters, papers and
documents produced upon such examination to be duly marked
for Identification and that you will b© further plea^eg tP
authenticate such examination by your official seal (1f
any) and by your signature and to return th" mm together
with this Commission to the undersigned through th&
Ministry of Home Affaire, Government of India, New Delhi.
Given under my hand and the seal of the Court
this — d ay o f - —- 2001.
Seal of the Court
Ju^ge/Magistrate
[F.No.2/9/2000-Ju41.Cell]
D U R G A D AS GUPTA, Jt Secy.
15
NOTIFICATION
New Delhi, the 31st January, ^001
S.O. 102(E).— In pursuance of clause (b) of sub-section (2) of section 290 of the Code of Criminal Procedure, 1973 (2 of 1974), and 1n supersession of the notification of the Government of India 1n the Ministry of Home Affairs NOi&LR.0.3786 dated the 3rd December, 1965, except as respects things done or omitted to be done before such supersession, the Central Government hereby specifies all competent Criminal Courts of the United Arab Emirates having authority, under the law 1n force in the United Arab Emirates as the Courts by whom Commission for the examination of witnesses in relation to criminal matters residing in India may be issued.
[F. No. 2/9/2000-Judl. Cell]
D U R G A D AS GUPTA, Jt. Secy.
M ftwl, 31 ^H'qfl, 2001
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[TiT. •??. 2/9/2000--^TIo "^f]
5'lklt) "3VTT, ^^=w ^P^q
NOTIFICATION
New Delhi, the 31 st January, 2001
S.O. IO3(E). jn exercise of the powers conferred by section 105L of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby directs that theU> THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ii)j provisions of chapter VIIA of the Code of Criminal Procedure, 1973 shall apply without any condition, execution or qualification in relation to United Arab Emirates with effect from the date of publication of this notification in the Official Gazette.
[F, No. 2/9/2000-Judl. Cell]
D U R G A D AS GUPTA, Jt. Secy.