Searches and Seizures - Central Bureau of Investigation

More documents

Recommendations

Info

(iii)(iv)ordinarily not be available. DSPE Officers should obtain the requisite information, asa rule by sending a requisition under section 91 Cr.P.C., instead of making anapplication under Section 138(i) of the Income-Tax Act, 1961.Production of Records by Bank and Public Offices – It should be considered assufficient compliance of an order under Section 91 Cr.P.C. by Banks or Public Officesif the required documents or books are shown or produced at the bank premises or inpublic offices as the case may be. IOs should not generally insist on an Officer of theBank attending and producing the records at any place other than the Bank premises.Section 18 of the Prevention of Corruption Act, 1988 provides that certified copies ofthe relevant entries relating to the accounts in the Bankers’ Books of any personsuspected to have committed any offence under that Act, or of any other personsuspected to be holding money on behalf of such person can be taken or caused tobe taken and the bank concerned is bound to assist in the exercise of these powers.These powers can, however, be exercised only by a Police Officer empowered toinvestigate under Section 17 of the Prevention of Corruption Act, 1988 provided thatthey shall not be exercised by a Police Officer below the rank of a Superintendent ofPolice, unless he is especially authorized in this behalf by Police Officer of or abovethe rank of a Superintendent of Police. Copies of Statement of Accounts certifiedunder the Bankers’ Books Evidence Act are admissible in evidence withoutproduction of the Books/Ledgers in the Court.Records pertaining to Company – Any Registrar of companies should not be askedunder the provisions of Section 209A of the CompaniesAct for seizure of records in such cases where records are required by the DSPE.DSPE Officers may conduct search for the records, at the premises of the companyor procure it by issuing notice under Section 91 Cr.P.C. In spite of having enablingstatutory powers to search or to demand production of documents the Officersnormally conduct themselves with the active cooperation of the Departmentconcerned for smooth progress in the investigation. Therefore, the InvestigatingOfficers should try to enlist the support and cooperation of the concerned R.O.C. whomay render all assistance to DSPE in exercise of their powers under Section 209A ofCompanies Act and then inspect the same for doing the needful and/or take attestedcopies thereof for the purpose of carrying on investigation.The DSPE officials while investigating any case against any Company or itspartners/Manager/Director can seize any account book or papers, as per theprocedure laid down in the Cr.P.C., from the statutory functionaries of the company orfrom any place where the relevant documents are available, including the accountbooks called by Registrar of Companies for their inspection under Section 209A ofthe Companies Act. For seizure of documents while investigating any case, the DSPEOfficers need not invoke Section 209A of Companies Act as the Cr.P.C. containsenough provisions in different Sections like 102, 91, 51 etc. to summon or seize anydocument or thing required for the purpose of investigation.In order to obtain the original documents filed by the Department/Public SectorUndertakings including the Banks in the Courts in civil matters we may approach theDepartment/ Public Sector Undertakings to file photostat copies of the documents inthe Courts and make available the original records to the DSPE for expeditinginvestigation in the connected cases.Unnecessary Inconvenience to Parties to be avoided13.19 While exercising the powers under Section 91 Cr.P.C. or while taking into possessiondocuments, records etc., required for the investigation, the Investigating Officer must be carefulnot to act in a manner, which may cause unnecessary hardship or dislocation of work to thepersons or offices concerned.Memos for Records taken into PossessionPage 6 of 10
13.20 In all cases, where any records or articles are taken into possession during the course ofinvestigation without formal search, a proper recovery memo in prescribed form attested by tworespectable witnesses and the person from whom the records or articles are taken possession ofshould invariably be prepared on the spot and each of the documents or articles should be gotinitialed and numbered by the persons producing it and the witnesses to preclude any changes orsubstitution.Records of Seized Property Deposited in Malkhana13.21 As soon as any property is seized, the Investigating Officer should hand over the propertyalong with a copy of the seizure memo to the Officer-in-charge of the Malkhana who will make anentry in the Malkhana Sub-Module or Seized Property Register. Entries in the Malkhana Sub-Module or Seized Property Register should be made chronologically and blank spaces should notbe left for entering subsequent seizures in the case. Seizure of cash (including trap money),jewellery and other valuables will also be entered in this register. In case, entries are made in theregister, the same pertaining to the cash should be made in red ink. All such money and valuableswill be deposited with the Malkhana by the Investigating Officer in the first instance in sealedcovers and will be entered in the Malkhana Register by the Officer-in-charge of the Malkhana.After that, the sealed cover will be re-sealed in bigger covers or in small box in the presence ofSr.PP or any other Law Officer for safe custody in a safe/locker. A record of sealing of the coversor the boxes, as the case may be and their contents will be made in the Malkhana Register andwill be signed by the Officer in charge of the Malkhana and the Sr.PP or any other Law Officer.Valuable jewellery and cash whose identity is required to be established in the Court, must be keptin the locker of a Nationalized Bank, which should be hired by the Branch for Joint operation by theBranch SP and the Malkhana Incharge of the Branch. The cash whose identity is not required tobe established, should be deposited in the Nationalized Bank in a Current Account operable jointlyby the SP of the Branch and the Malkhana Incharge and a remark to the said effect must bemade against the relevant entries in the Malkhana Register/Sub-Module of CRIMES for readyreference and further necessary action for disposal of the properties so seized by CBI.13.22 Record of seized property shall be maintained in the Malkhana Sub-Module of CRIMES or in theprescribed form in all the CBI Branches. Data entry in Malkhana Sub-Module in the Crimes Moduleshall be made by the Malkhana incharge on real-time basis. This Module must be actively utilized by theBranch for day-to-day handling of documents/material objects kept in the Malkhana. This record willbe maintained year wise. It will show the items carried over from the previous year in the Malkhana.13.23 The Officer-in-charge of the Malkhana shall place the Seized Property Register before theSuperintendent of Police of the Branch once in two months for his check and inspection. TheSuperintendent of Police should check the sealed covers or boxes containing seized money orvaluables once in a month at least.13.24 The Officer-in-charge of the Malkhana shall prepare a monthly statement of seizedproperty pending in the Malkhana at the end of the month through Malkhana Sub-Module ofCRIMES or in the following proforma in the register itself.Sl.No.Item No. RC/PE No. Date ofseizureReasons forpendencyRemarks13.25 The Law Officer looking after the Malkhana should scrutinize it and issue necessarydirections. He shall countersign the statement after satisfying himself that all the propertiesentered in the record are available and no un-recorded property has been kept in the Malkhana.He will take rectification steps in case any discrepancy is noticed. He is also required to carry out adetailed inspection every three months. He may also carry out additional surprise inspections. Inaddition, the SP of the Branch should physically check the Malkhana in January and July eachPage 7 of 10
Page 3 and 4: sent through encrypted electronic m
Page 5: (iii)(iv)(v)(vi)(vii)to have at lea
Page 9 and 10: 13.30 Whenever a new Officer takes

Searches and Seizures - Central Bureau of Investigation

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?