In cases in which the Coast Guard is directly interested financially or otherwise in the prosecution of an offender in a Criminal Court (whether subject to the Coast Guard Act, 1978 or not), the following procedure shall be followed : -
(a) either the Advocate General of the State Government where the accused is prosecuted or, when the prosecution is directly controlled from the Coast Guard Headquarters, the Advocate /Counsel to the Government of India should be employed, who will if necessary, take further advice from the Advocate General, or the Government Advocate, according to the State in which the prosecution is being conducted;
(b) no prosecution shall be instituted without adequate legal advice being taken in writing and that no prosecution shall be instituted or withdrawn in any manner contrary to such legal advice without reference to the Central Government.