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 A S GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 31st January, 2001

or* aatv\^{I n} 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 or

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 A S 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

<l_

THE GAZETTE OF INDIA : EXTRAORDINARY

JPARTII—SKC. 3(if)l

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) [ o f 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

[F.No.2/9/2000-Judl.Cell]

DURGADAS GUPTA, Jt. Secy.

THF aA7.FTTE OF 1NDIA : EXTRAORDINARY

[PART II—SEC. 3(U)1

d M ^ I M ^ 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]

'j'

T H E 0 A Z E T T C 0 F I N P 1 A :^ i^AS!& p^ A R V

f^Akx ti—SEc^m^

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

THE GAZETTE OF INDIA : EXTRAORDINARY

[PARTII~SEC, 3(ii)]

NOTIFICATION

New Delhi, the 31st January, 2001

S O 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.

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(101

And 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

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 a y o f - — -

2001.

Seal of the Court

Ju^ge/Magistrate

[F.No.2/9/2000-Ju41.Cell]

D U R G A D A S GUPTA, Jt Secy.

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 A S 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).

j n exercise of the powers conferred

by section 105L of the Code of Criminal Procedure, 1973 (2

of 1974),

the Central Government hereby directs that

the

U>

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 A S GUPTA, Jt. Secy.