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Report No. 258

K. Clause 10

Analysis and comment:

5.11.1 The Commission has recommended that the definition of the term "contracting State" be deleted from clause 2(1)(c) (see clause 2 above). 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.

5.11.2 Suggested draft:

12. Reciprocal arrangements for processes and assistance for transfer of accused persons.

(1) Where a Special Judge, in relation to an offence punishable under section 3 or section 4, desires -

(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 or other thing or to produce it; or

(d) a search warrant, issued by it shall be served or executed at any place in any concerned State, it shall send such summons or warrant in duplicate in such form, to such court, Judge or Magistrate through such authorities, as the Central Government may, by notification, specify in this behalf and that court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) Where a Special Judge, in relation to an offence punishable under section 4 has received for service or execution-

(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 or other thing, or to produce it; or

(d) a search warrant, issued by a court, Judge or Magistrate in a concerned State, it shall, cause the same to be served or executed as if it were a summons or warrant received by it from another court in the said territories for service or execution within its local jurisdiction; and where-

(i) a warrant of arrest has been executed, the person arrested shall be dealt with in accordance with the procedure specified under the Code of Criminal Procedure, 1973 (2 of 1974);

(ii) a search warrant has been executed, the things found in this search shall, so far as possible, be dealt with in accordance with the procedure specified under the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that in a case where a summon or search warrant received from a concerned State has been executed, the documents or other things produced or things found in the search shall be forwarded to the court issuing the summon or search warrant through such authority as the Central Government may, by notification, specify in this behalf.

(3) Where a person transferred to a concerned State pursuant to sub-section (2) is a prisoner in India, the Special Judge or the Central Government may impose such conditions as that court or Government deems fit.

(4) Where the person transferred to India pursuant to sub-section (1) is a prisoner in a concerned State, the Special Judge in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.



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