Chapter – 3

Chapter – 3
Investigation and Inquiry
4. Investigation and Inquiry :

(1) The Investigating Officer shall have to initiate action of investigation and inquiry as soon as possible after receipt of information of the offence by the distributor pursuant to Rule 3.
(2) Necessary assistance of immediate Police, Local Administration and Local Body may be taken while making investigation and inquiry pursuant to Sub-rule (1).
(3) The Investigating Officer shall have to make necessary inquiry with the offender while making investigation and inquiry and maintain in writing the facts expressed by the said person by getting it signed. In case the Offender has
refused to sign, the said content shall have to be recorded.

(4) While making investigation and inquiry, the Investigating Officer  shall have to prepare the deed of public inquiry setting out the following facts:
(a) description of the person committing the offence and person involved in the offence,
(b) date and place of commission of the offence and mode of the offence,
(c) goods, equipment and other particulars related with the  offence.
(5) If there is reasonable ground to believe that goods or equipment related with the offence exist at any place while making investigation and inquiry by the Investigating Officer, he/she shall have to capture such goods and equipment related with the offence, if so found, by entering into the said place and prepare two copies of inquiry deed of such goods and hand over one copy of the said deed to the concerned person and keep other copy enclosed
along with the file.

(6) There shall be required to be presence at least of one member of Ward Committee of the concerned Village Development Committee/Municipality, three local persons and the person so related with the offence to the extent he/she has been found while conducting public inquiry pursuant to Sub-rule (4) and preparing inquiry deed pursuant to Sub-rule (5) by the Investigation Officer.

Provided that it shall not be deemed to be restrained to prepare inquiry deed pursuant to Sub-rule (5) or deed of public inquiry only on the ground of the absence of the person so involved in the offence or member of Ward
Committee of Village Development Committee or Municipality.

5. Order of Fine : While imposing fine pursuant to Sub-section (4) of Section 12 of the Act on the person who has placed obstacles at the time of investigation and inquiry, the Investigating Officer shall have to issue an order in the format pursuant to Schedule-4.

6. Opinion of Expert May Be Taken : While making investigation and inquiry the Investigating Officer may take opinion of expert on the matters related with the offence as and when required.