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Report No. 258

I. Clause 8

Analysis and comment:

5.9.1 The Commission has recommended that the definition of the term "contracting State" be deleted from clause 2(1)(c) (see clause 2). For the purpose of this provision, therefore, the term "contracting State" should be replaced with "concerned State", which will be interpreted appropriately as required by the circumstances. The provision will also be renumbered, in accordance with the revised draft.

5.9.2 Suggested draft:

10. Letter of request to a concerned State in certain cases.

(1) Notwithstanding anything contained in this Act or the Code of Criminal Procedure, 1973 (2 of 1974), if, in the course of an investigation into an offence or other proceedings under this Act, an application is made to a Special Judge by the Investigating Officer or any officer superior in rank to the Investigating Officer that any evidence is required in connection with investigation into an offence or proceedings under this Act and he is of the opinion that such evidence may be available in any place in a concerned State, and the Special Judge, on being satisfied that such evidence is required in connection with the investigation into an offence or proceedings under this Act, may issue a letter of request to a court or an authority in the concerned State competent to deal with such request to-

(i) examine facts and circumstances of the case,

(ii) take such steps as the Special Judge may specify in such letter of request, and

(iii) forward all the evidence so taken or collected to the Special Judge issuing such letter of request.

(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation.

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