Section-83 (Trial by the Court) of Bihar Prohibition and Excise Act, 2016 shall be substituted by the following:- "83- Special Court(s)-
(1) Notwithstanding anything contained in section-76 of this Act, all offences punishable under this Act, except the offences under section-37, shall be tried by Special Court(s) which may be presided by Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge or Judicial Magistrate.
[Explanation- All existing cases in the Special Courts, where the offence is reported under section-37 only and no other section of this Act or any other Act, shall be transferred from the Special Courts to the Court of the District Magistrate in a manner prescribed by the State Government. Where persons arrested under such cases are still in jail, they shall be released if they have completed the period of imprisonment as mentioned in section-37.]
(2) These Judges shall be appointed by the State Government in consultation with the Chief Justice of the High Court.
(3) There shall be at least one Special Court in each district.
(4) Notwithstanding anything contained in this Act or the Code of Criminal Procedure 1973 (Act 2 of 1974), the State Government may, if consider necessary in the public interest and depending upon the workload of existing Special Courts, appoint or nominate in every district of the State, more Special Court(s) in consultation with the Chief Justice of the High Court.
(5) The State Government may also, in consultation with the Chief Justice of the High Court, appoint retired Judges, who have been Additional Sessions Judge, to preside over the Special Courts.
(6) The High Court shall also have the power to designate existing Additional Sessions Judges, Assistant Sessions Judges or Judicial Magistrates to be the Special Courts.
(7) As soon as Special Court falls vacant on account of transfer or leave or for any other reason, the District and Sessions Judge shall immediately request the High Court for filling up the said vacancy and shall make interim arrangement till such time."