Broadening Powers Of DG: Dawn Raids And The CCI’s Responsibility
Live LawRaids, conducted by government officials are intended to collect incriminatory evidence against an entity or individual accused of committing act which are in contravention of law. To prevent such inconvenience on part of the Competition Commission of India, the principal statute provides the Director General of CCI to conduct dawn raids on its instruction. The DG has broad powers related to search and seizure under Section 41 during conduction of Dawn Raids when read in consonance with Section220 of the Companies Act which relates to power of inspector during investigation to seize documents where there is a reasonable belief in his part that such documents might possibly be destroyer or tampered with. To do away with such concerns the decision to conduct a dawn raid by the CCI should be based on reasonable ground supported by evidence which clearly indicate possible instance of competition law infringement. Even the Competition Law Review Committee in its 2019 report took note of mandatory requirement of Chief Metropolitan Magistrates authorisation for conduction of raids and strongly recommended retaining the same in the Act.
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Strategic Insights Into Dawn Raids: A Crucial Tool In India's Anti-Trust Arsenal
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