Page 70 of 82 (6) After completion of the investigation, the investigating officer shall submit to a Magistrate of the first class or to a Metropolitan Magistrate having jurisdiction the original copy of the investigation report and also the supporting documents or copies thereof; and shall keep a copy of the report at his office and send another copy to the police station. (7) Despite the provision of sub-section (3), the investigating officer may, if the relevant offence and the circumstances thereof so require, seize any relevant document, thing or apparatus before receipt of a decision infavour of holding formal investigation under that sub-section, if he is satisfied that any delay may result in the destruction or removal of the document, thing or apparatus, and he may also arrest any person involved in the offence, if he is satisfied that such person is likely to abscond. 79. Application of Criminal Procedure Code.- (1) Subject to the provisions of this Act, and the rules and regulations made thereunder, the Criminal Procedure Code shall apply to the investigation of an offence under this Act, trial, appeal and all incidental matters. (2) A case initiated in a court on the basis of a report of an Inspector under this Act shall be deemed to be a case so initiated on the basis of a police report. 80. Assistance to Public Prosecutor etc. by officer of Commission.- An officer of the Commission specified in this behalf may assist the Public Prosecutor or the concerned Additional or Assistant Public Prosecutor in conducting a case under this Act in the Court of Sessions, and that officer may himself make submission before the Court. 81. Confiscation of apparatus etc.- (1) Where an offence under this Act is committed, the Court may, in consideration of the nature and the circumstances of the offence, pass in favour of the Commission an order of confiscation of the telecommunication apparatus or radio apparatus or the vehicle or other thing or document, in this section referred to as the materials, in relation to or with the help of which the offence has been committed : Provided that the materials of a Government organization or a statutory body shall not be so confiscated in connection with commission of any such offence. BTRC-TelecomLaw2001.doc 70 - 70 -

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