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Section 38

The Prevention of Terrorism Ordinance, 2001Ordinance · 2001

( 1 ) Upon such application, the Competent Authority may reject Decision by the application, or issue an order, as requested or as modified, Conlpetcnt - - Authority on authorizing or approving interception of wire, electronic or oral application for - - communications, if the Competent Authority determines on the basis of interception^ the facts submitted by the applicant that-

(a) there is a probable cause for belief that an individual is . .

committing, has committed, or is about to commit a particular offence described and made punishable under sections 3 and 6 o f this ordinance;

(6) there is a probable cause of belief that particular communications concerning that offence may be obtained through such interception;

(c) there is probable cause of belief that the facilities from communications are to beintercepted are . being . used or are about to be used, in connection with the commission of such offence, leased to, or are listed in the name of or, commonly used by such person.

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32 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11-

(2) Each order by the Competent Authority authorizing,or approving the interception of any wire, electronic or oral communication under this section shall specifl-

(a)'$he identity of the person, if known, whose communications are to be intercepted;

(b) the nature and location of the communication facilities as to which, or the place where, authdrity to intercept is granted;

(c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;

(4 the identity of the agency authorized to intercept the communications, and the person authorizing the application; and

(e) the period of time during which such interception is authorized , including a statement as to whether or not the interception shall automatically terminate after the described communication has been first obtained.

Submission of 39. (I) The Competent Authority shall immediately after passing the Order of order under sub-section (I) of section 38, but in any case not later than inception to seven days from the passing of the order, submit a copy of the same to Review Committee. the Review Committee constituted under section 59 along with all the relevant underlying papers, record and his own findings, in respect of I the said order, for consideration and approval of the order by the - Review Committee. k 4

(2) An order authorizing the interception of a wire, electronic or oral communication under this section shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall hrnish to the applicant forthwith all informatioq, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of f SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY I 33 interference with the services that such service provider, landlord, custodian, or person is providing to the person whose communications are to be intercepted.

Where this provision sits

ActThe Prevention of Terrorism Ordinance, 2001
Section38
StatusIn force as published by the source

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