Chapter-3 Investigation and Inquiry

Chapter-3

Investigation and Inquiry

12. Investigation authority: (1) The distributor shall designate the investigation authority for the investigation and inquiry into the offense as referred to in this Act.

(2) The functions, duties and powers of the investigation authority as referred to in Sub-section (1) shall be as follows:

(a) Where information is received from any person that the offense is being committed or going to be committed or where, despite that no information has been received, there is a reasonable ground to doubt that the offense is going to be committed, the investigation authority shall go to such a place and carry out necessary technical inquiry, and if the offense is found to have been committed or have taken place, the investigation authority shall cut the line immediately, take in his or her custody the goods related with the offense and give a slip thereof, and inquire into the offender and prepare a deed of public inquiry,

(b) To carry out investigation and inquiry into the offense and evaluate the actual loss and damage caused by the offender to the distributor.

(3) It shall be the duty of the local administration, officials of the local bodies, police and all the concerned to render assistance to the investigation authority in the course of investigation and inquiry into the offense.

(4) The investigation authority fine a person who makes obstruction or objection with or to investigation and inquiry into the offense with a sum not exceeding Two Thousand Rupees.

13. Power to make application for review: (1) In the event of dissatisfaction with the action, evaluation and punishment taken or made by the investigation authority pursuant to Sub-sections (2) and (4) of Section 12, the concerned person or institution may make an application to the concerned distributor for the review of such action, evaluation and punishment.

(2) If an application is made pursuant to Sub-section (1), the distributor shall make review.

(3) The procedures of making review pursuant to Sub-section (2) shall be as prescribed.

14. To give notice for making payment of loss, damage and compensation: A notice has to be given, as prescribed, to the concerned person or institution to make payment of the amount of loss and damage and compensation accordingly if no application is made pursuant to Section 13 for the review of the evaluation made pursuant to Clause (b) of Sub-section (2) of Section 12, and if an application if made for the review, the amount of actual loss and damage and compensation for the same as held upon review not later than Thirty Five days.

15. To file cases: (1) If the offender tenders payment of the amount within the time-limit of the notice given pursuant to Section 13, the amount has to be received, the action against him or her has to be finalized and closed. If amount is not tendered for payment, the investigation authority shall file the case in the concerned district court within Thirty days after the date of the expiration of the time-limit.

(2) The investigation authority shall, for the purpose of filing the case pursuant to Sub-section (1), do as per Section 31 of the Sate Cases Act, 2049.

(3) In trying and disposing the case filed pursuant to Sub- section (1), the district court shall follow the procedures on the matters set forth in this Act and the procedures as referred to in the Summary Procedure Act, 2028 (1972) in relation to the other matters.