NOTIFICATION
S.O. 2657 - WHEREAS arrangements have been made by the Central Government with the Government of Gambia, for taking the evidence of
witnesses residing in Gambia in relation to criminal matters pending in courts in India, the Central Government, in pursuance of
sub-section (3) of section 504 of the Code of Criminal Procedure, 1898 (5 of 1898), hereby directs that commissions for the examination
of witnesses in Gambia shall be issued by the Courts in India in the form annexed hereto to the Chief Justice of Gambia and shall
be sent to the Ministry of External Affairs, Government of India, New Delhi, for transmission to the Chief Justice of Gambia through
the Governor of Gambia.
Sd /-
B. SHUKLA
Deputy Secretary to the
Government of India.
ANNEXURE
IN THE COURT OF
Commission to examine witness outside India [Section 504(3) of the Code of Criminal Procedure, 1898]
To
Through the Ministry of External Affairs,
Government of India,
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 attendance cannot be procured without un-reasonable 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 by his 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 witnesses 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 (if any) and by your signature and to return the same together
with this commission to the undersigned through the Ministry of External Affairs, Government of India, New Delhi.
GIVEN under my hand and the seal of the Court this day of ______19.
Judge
District Magistrate
Presidency Magistrate.
