(b) details of all warrants obtained previously in respect of the person against whom the warrant is sought.
6. Hearing in Chambers.—(1) The applicant shall present the application to a Judge of the concerned High Court who has been nominated by the Chief Justice of the said High Court to issue warrants under the Act. The name of the nominated Judge shall be intimated only to the applicant and the notification of the judge shall not be made public.
(2) The officer shall approach the secretary of the Judge concerned and request him to arrange hearing on the same day in the chambers.
(3) The authorized officer shall carry with him the following two files, namely:—
(a) File No. 1 containing the application with the supporting material obtained during the routine intelligence gathering functions; and
(b) File No. 2 shall contain sheets for the Judge to write an order either under his own hand or otherwise.
(4) The hearing shall be conducted in chambers exclusively in the presence of the authorized officer only. The Judge may ask questions from the authorized officers in respect of the application and its contents and may view the supporting material and the order passed by the Minister.
(5) The Judge may consider the material contained in the report as sufficient to indicate reasonable threat or possibility of an attempt to commit the scheduled offence or the Judge may rely on the statement of the authorized officer as an indication of the reasonable threat or possibility of an attempt to commit the scheduled offence.
(6) The Judge may ask the authorized official to provide,—
(a) the authorization letter issued to him under Section 4; and
(b) his official identification.
(7) The Judge shall hereafter pass an order on File No 2 preferably in his own hand simply allowing the issuance of the warrant in the manner requested from him in the prescribed manner or in a proposed draft form. The Judge shall sign the warrant and the seal of the Court shall be affixed there. After signing the warrant both the files shall be returned to the authorized official for safe custody.
(8) The Judge shall cause to be maintained a register of the requests received from an applicant. The said register shall contain the name of the applicant and the serial number of the files received by the Judge in his chambers and will not contain the name of the suspect or any other particular. The Judge shall keep the register in safe custody.
7. Role of Designated Agency.—(1) After the issuance of the warrant it will be lawful for Designated Agency to do all or any of the actions under Section 16 of the Act.
(2) The authorized officer shall then approach the designated agency and the designated agency shall designate an officer in this regard. The officer of the Designated Agency shall serve the warrant on the service provider to give effect to it within seven days of receiving it from the applicant.
(3) In case where the applicant is also the Designated Agency under the Act, then the authorized officer who has obtained the warrant from the Judge shall himself be competent to serve the said warrant on the service provider and the Designated Agency shall nominate him accordingly.
(4) In case where the applicant, Designated Agency and the service provider are same, then the authorized officer shall document the same facts and sign the same as evidence of service upon itself as a service provide.
(5) In order to stream-line its functional relationship with the service provider the Designated Agency may issue appropriate instructions from time to time.
8. Execution of warrants.—(1) The warrant shall permit the applicant to carry out any form of surveillance or interception authorized under the Act. The surveillance or interception permitted under the warrant shall be carried on for period up to sixty days.
(2) That the applicant shall direct a responsible and relevant officer to maintain the record and a daily account of surveillance activity. The intercepts that are collected shall form part of the file of the given case or its Annexures, as the case may be.
(3) The authorized officer shall at least once every fifteen days examine the materials collected through interception.
9. Registration of Case.—Anytime before the sixtieth day, the authorized officer shall inform the head of the Designated Agency about the status of the evidence collected. If the head of the Designated Agency is of the opinion that the evidence collected is sufficient and constitutes attempt, commission, harbouring, abetting or conspiracy of a scheduled offence or any offence, he shall order the authorized officer to hand over the said material to the concerned authority for registration of the case.
(2) While handing over the evidence, the authorized officer shall certify that the same has been collected as per the warrant and has not been tempered or altered in any manner whatsoever.
10. Re-issuance of warrant.—(1) In case the authorized officer is of the view that some evidence has been collected in sixty days but it is not sufficient for the purpose of registration of the case and there is every possibility of gathering further material, he may approach the Judge in a manner prescribed above to seek reissuance of the warrant. For this purpose he shall show to the Judge the evidence and material collected so far as justification for the reissuance of the warrant.
(2) The extension and reissuance of the warrants shall be deemed to have been done under Section 14 read with Section 30 of the Act.
11. Insufficient evidence.—(1) In case the evidence gathered in consequence of the warrant is insufficient to justify registration of a report, the said material, information or data shall be kept in safe custody by the applicant.
(2) Collection of insufficient evidence or information or refusal of issuance of warrant shall not be construed as restricting the applicant from its ongoing intelligence gathering activities and to collect supporting or new material on fresh grounds against the suspect during its normal course of function.