14
THE GAZETTE OF INDIA EXTRAORDINARY
[Part II—
- (a) the identity of the investigating officer making the application, and the head of the department authorising the application;
- (b) a statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including—
- (i) details as to the offence of terrorist act that has been, is being, or is about to be committed;
- (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
- (iii) a particular description of the type of communications sought to be intercepted; and
- (iv) the identity of the person, if known, committing the terrorist act whose communications are to be intercepted;
- (c) a statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorisation of interception should not automatically terminate after the described type of communication has been first obtained;
- (d) a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter; and
- (e) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or documentary evidence in support of the application.
Decision by Competent Authority on application for interception. 39. (1) Upon such application, the Competent Authority may reject the application, or issue an order, as requested or as modified, authorising or approving interception of wire, electronic or oral communications, if the Competent Authority determines on the basis of 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 4 of this Act;
- (b) 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 which, or the place where, the wire, electronic or oral communications are to be intercepted 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.
(2) Each order by the Competent Authority authorising or approving the interception of any wire, electronic or oral communication under this section shall specify—
- (a) the 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, authority 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;
- (d) the identity of the agency authorised to intercept the communications, and the person authorising the application; and
