(a) appoint a person to take control of. and manage or otherwise
deal with, the whole or a Part of the property, in accordance with
the directions of the Court:
(b) require any person having possession of the property to give
possession thereof to the person appointed under paragraph (a)."
Section "44(2) Upon the signing of a certificate under subsection
(1), by the Minister or a person authorized by him, shall cause the
applicant or the registered trustees to be served, personally or by
registered letter sent to its last known address, with a copy of the
certificate and a notice informing it that, the certificate will be
referred to the Court not earlier than seven days after the service
of the notice, and that, if the certificate is determined to be
reasonable, the applicant will not be eligible to be registered as
registered trustees or the registration of the registered trustees of
the trust will be revoked, as the case mav be.
(3) The certificate or any matter arising out of it shall not be
subject to review or be restrained, prohibited, removed, set aside
or otherwise dealt with except in accordance with this section."
Section "54. The Evidence Act, 1967 is amended, in section 89(i)by redesignating that section as subsection (1);
(ii)
by inserting the following:
"(2) Notwithstanding subsection (1) and any other written
law, where in criminal proceedings involving offence of
terrorism or international terrorism, a question arises as to
whether anything or a substance is in a state described or
purported to be described in a document, that document
shall be admissible in evidence without proof of the
signature or authority of the person appearing to have
signed it and shall, in the absence of evidence to the
contrary, be proof of the facts stated therein."
Before getting into specific examination of the petition, it is significant
to take note of the general allegations mounted by the petitioner's counsel
against the impugned provisions of POTA which are phrased as- "overzealous
law enforcement officers and executives officials may easily abuse the Act
without checking them in order to protect the innocent ones and the integrity
of the criminal justice system and constitutional order"; "section 11 in effect
Page 22 of 37
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