(a) an offence has been committed, or is suspected on reasonable grounds to have been
committed against the laws of the requesting State which, if committed in Pakistan, would
have constituted an offence under this Act;
(b) evidence of the commission of the foreign offence or information that would reveal the
whereabouts of a person who is suspected of committing the foreign offence is likely to
be found in a building, receptacle or place in Pakistan; and
(c) in the case of an application for a search warrant, it would not, in all the circumstances, be
more appropriate to grant an evidence gathering order.
(3) An evidence‑gathering order__
(a) shall provide for the manner in which the evidence is to be obtained in order to give
proper effect to the foreign request unless prohibited under the law of Pakistan, and in
particular, may require any person named therein to__
(i) make a record from data or make a copy of record;
(ii) attend Court to give evidence on oath or otherwise until excused; and
(iii) produce to the High Court or to any person designated by the Court, anything,
including any record, or copy thereof; and
(b) may include such terms and conditions as the High Court considers desirable, including
those relating to the interests of the person named therein or of third party.
(4) A person named in an evidence‑gathering order may refuse to answer a question or to produce
a record or thing where the refusal is based on__
(a) a law in force in Pakistan;
(b) a privilege recognized by a law in force in the foreign State that made the request; or
(c) a law in force in the foreign State that would render the answering of that question or the
production of that record or thing by that person in its own jurisdiction an offence.
(5) Where a person refuses to answer a question or to produce a record or thing under sub‑section
(4), the High Court shall report the matter to the Federal Government which shall notify to the foreign
State accordingly and request it to provide a written statement on whether the person's refusal was
well founded under the law of the foreign State.
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