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Report No. 161

6.5. Providing CBI/ED separate trained police force with ultra modern weapons.-

In Vineet Narain's case, supra the Supreme Court has also directed that officers of the Enforcement Directorate handling sensitive assignments shall be provided adequate security to enable them to discharge their functions fearlessly [see para 62(11)(5) of the decision cited in SCALE]. It may be emphasised that not only the Enforcement Directorate but the Central Bureau of Investigation is empowered to carry out search and seizure during investigation of cases and instances have been noticed in recent past in which crores and crores of rupees are recovered from the high level politicians during the searches and seizures in States other than the capital of the country.

Such politicians are obviously having strong holds in the States to which they belong and obtaining local police assistance by the officials of CBI and ED to conduct raids for such searching and seizure of property becomes very difficult. Without adequate police force, the officials of CBI/ED, may not be able to carry on such searches and seizures fearlessly. There may be chances of stiff resistance by local supporters of such politicians.

In order to meet such unwarranted situations, in which the evidence of the crime may disappear, the Law Commission is of the considered opinion that in order to strengthen the CBI and ED with separate central armed police force and to let their officials work fearlessly, as well as to provide security to the officers of the ED and CBI handling sensitive assignments, the ED and the CBI may be provided with separate adequate central armed police force equipped with modern weapons. Such contingent of police force can be trained for giving protection during searches and made mobile through air/road and available to their officials at a short notice.

The search team should be equipped with latest technological machines e.g. money counting machine, wireless etc. to calculate the amount recovered during searches. The officers of the CBI and the Enforcement Directorate should also be entitled to call upon the officers and agencies of Central and State Governments to assist them in conducting their operations including searches and seizures. The officers and agencies of Central and State Governments shall render full and proper assistance when so called upon by the CBI and the Enforcement Directorate.

Central Vigilance Commission and Allied Bodies Back

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