Gazette Notification, Poland

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-13022024-252051 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 632] NEW DELHI, TUESDAY, FEBRUARY 13, 2024/MAGHA 24, 1945 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 30th January, 2024 S.O. 663(E).—Whereas arrangements have been made by the Central Government with the Government of the Republic of Poland for service or execution of summons or search warrant in relation to criminal matters, on any person in Republic of Poland; Now, therefore, in exercise of the powers conferred byclause (ii) of sub-section (1) of section 105 of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby specifies that — (a) a summons to an accused person; or (b) a summons to any person requiring him to attend and produce a documentor other thing, or to produce it; or (c) a search-warrant, may be issued by a Court in India in duplicate to the Court, Judge or Magistrate in the Government of the Republic of Poland having authority under the law for the time being in force in that country, through the Competent Authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorisesof the Government of Republic of Polandto serve such summons or execute such warrant on the person or place named therein. 2. The concerned Court, Judge or Magistrate in India, while issuing summons are required to comply with the comprehensive guidelines issued byMinistry of Home Affairs, vide letter No.25016/52/2019-LC, dated the 4th December, 2019. 3. Such summons or warrant shall be sent to the IS-II Division of the Ministry of Home Affairs, Government of India, New Delhi, for transmission to the Competent Authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorises of the Government of Republic of Poland. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. NOTIFICATION New Delhi, the 30th January, 2024 S.O. 664(E).—Whereas arrangements have been made by the Central Government with the Government of the Republic of Polandfor services or execution of summons or search- warrant in relation to criminal matters on any person in Republic of Poland; Now, therefore, in exercise of the powers conferred by the proviso to sub-section (2) of section 105 of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby specifies that in case where a Court in India executes any summons or search-warrant received from a Court, Judge or Magistrate in the Government of the Republic of Poland, having authority under the law for the time being in force in that country, the documents or things produced or things found in the search shall be forwarded to the Court issuing such summons or search-warrant through IS-II Division of the Ministry of Home Affairs, Government of India, New Delhi. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. NOTIFICATION New Delhi, the 30th January, 2024 S.O. 665(E).—Whereas arrangements have been made by the Central Government with the Government of the Republic of Poland, for services or execution of summons in relation to criminal matters on any person in Republic of Poland; Now, therefore, in exercise of the powers conferred by sub-section (2) of section 105B of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby specifies that a summons for attendance of a person in the course of an investigation or inquiry in any criminal case, to be served or executed in any place in the Republic of Poland, shall be issued in the Form annexed hereto, and such summons shall be sent to IS-II Division of the Ministry of Home Affairs, Government of India, New Delhi, for transmission to the Competent Authority, that is, theMinister of Justice or the Prosecutor General or a person who he or she authorises of the Government of the Republic of Polandas per the guidelines issued by Ministry of Home Affairs, vide letter No.25016/52/2019-LC dated the 4th December, 2019. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. FORM SUMMONS TO WITNESS [See sub-section (2) of section 105B of the Code of Criminal Procedure, 1973] To The Court or Judge/Magistrate in the Republic of Poland........................................................... (Through the Competent Authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorisesof the Government of the Poland) Whereas an application has been made before me that (Name of the accused) of (address) has (or is suspected to have) committed the 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........at .........A.M./P.M. 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 issued to compel your attendance. Given under my hand and the seal of the Court this ..........day of .. ....................20 ........... Seal of the Court Signature of the Judge/Magistrate. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. NOTIFICATION New Delhi, the 30th January, 2024 S.O. 666(E).—Whereas arrangements have been made by the Central Government with the Government of Republic of Polandfor taking the evidence of witnesses residing in Republic of Polandin relation to criminal matters in Courts in India; Now, therefore, in exercise of thepowers conferred by sub-section (3) of section 285 of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby prescribes that - (a) commission for examination of witnesses in Republic of Polandshall be issued by the Courts in India in the Form annexed hereto, to any competent criminal court of Republic of Polandhaving authority under the law for the time being in force in the Republic of Poland; and (b) such Commission shall be sent to IS-II Division of the Ministry of Home Affairs, Government of India, New Delhi for transmission to the Competent Authority, that is, the Minister of Justice or the Prosecutor General or a person who he or she authorises of the Government of the Republic of Poland. FORM COMMISSION TO EXAMINE WITNESS OUTSIDE INDIA [See sub-section (3) of section 285 of the Code of Criminal Procedure, 1973 ] IN THE COURT OF.............................................................................................................................. To (Through the Government of India, Ministry of Home Affairs, New Delhi.) 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 is residing within the local limits of your jurisdiction and his/her 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 through his/her Counsel or agent or, if not in custody, in person, and may examine, cross-examine or re-examine (as the case may be) the said witness; And, I, further have the honour to request that you will be pleased to cause the answers of the said witness to be reduced into writing and all books, letters, papers and documents produced upon such examination to be duly marked for identification and that you will be further pleased to authenticate such examination by your official seal and signature and to return the same together with this Commission to the undersigned through IS II Division of the Ministry of Home Affairs, Government of India, New Delhi. Given under my hand and the seal of the Court this...................... day of........20........ Seal of the Court Signature of the Judge/Magistrate, [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. NOTIFICATION New Delhi, the 30th January, 2024 S.O. 667(E).-Whereas arrangements have been made by the Central Government with the Government of Republic of Poland for service or execution of summons or warrant in relation to criminal matters on any person in the Republic of Poland; Now, therefore, in exercise of the powers conferred by clause (b) of sub-section (2) of section 290 of the Code of Criminal Procedure, 1973 (2 of 1974), the Central Government hereby specifies that all Courts, Judges or Magistrates exercising jurisdiction in the Republic of Polandhaving authority under the law in force in the Republic of Polandas the Courts by which the Commission for the examination of witnesses residing in India may be issued. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy. NOTIFICATION New Delhi, the 30th January, 2024 S.O. 668(E).-Whereas arrangements have been made by the Central Government with the Government of Republic of Polandfor service or execution of summons or warrant in relation to criminal matters on any person in the Republic of Poland; Now, therefore, in 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 provisions of Chapter VIIA of the said Code shall apply without any condition, exception or qualification in relation to Republicof Polandwith effect from the date of publication of this notification in the Official Gazette. [F. No.12015/2/2023-IC-III] SAHELI GHOSH ROY, Jt. Secy.