Substitution of new section for section 12A.
'J2A. (/) The State Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification,
(2) A Special Court shall consist of a single judge who shall be appointed by the High Court upon a request made by the State Government.
Explanation.~ln this sub-section, the word "appoint" shall have the meaning given to it in the Explanation to section 9 of the Code.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless—
(a) he is qualified for appointment as a judge of High Court, or
(b) he has, for a period of not less than one year, been a Sessions Judge or an Additional Sessions Judge.
Constitution of Special Court.
12AA. (I) Notwithstanding anything contained in the Code,—
(a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the High Court;
Offences triable by Special Courts.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code, such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:
Provided thai where such Magistrate considers— (<") when such person is fowarded to him as aforesaid; or (;0 upon or at any time before the expiry of the period of detention authorised by him;
that the detention of such person is unnecessary, he may, if he is satisfied that the case falls under the proviso to section 8, order the release of such person on bail and if he is not so satisfied, he shall order such person to be forwarded to the Special Court having jurisdiction;
(c) the Special Court may, subject to the provisions of clause (d) of this subsection, exercise, in relation to the preson forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code in relation to an accused person in such case who has been forwarded to him under that section;
(d) save as aforesaid no person accused of or suspected of the commission of an offence under this Act shall be released on bail by any court other than a special Court or the High Court;
(e) a Special Court may, upon a perusal of police report of the facts constituting an offence under this Act take cognizance of that offence without the accused being committed to it for trial;
(/) all offences under this Act shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code shall, as far as may be, apply to such trial :
Provided that in the case of any conviction in a summary trial under this section, it shall be lawful for the Special Court to pass a sentence of imprisonment for a term not exceeding two years.
(2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code, be charged at the same trial ;
Provided that such other offence is, under any other law for the time being in force, triable in a summary way :
Provided further that in the case of any conviction for such other offence in such trial, it shall not be lawful for the Special Court to pass a sentence of imprisonment for a term exceeding the term provided for conviction in a summary trial under such other law,
(5) A Special Court may, with a view to obtaining the evidence of any person suspected to have been directly or indirectly concerned in. or privy to, an offence under this Act, lender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned whother as principal or abettor in the commission thereof and any pardon so tendered shall, for the purposes of section 308 of the Code, be deemed to have been tendered under section 307 thereof,
(4) Nothing contained in this section shall be deetned to affect the special powers of the High Court regarding bail under section 439 of the Code and the High Court may SEP. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 exercise such powers including the power tinder clause (b) of sub-section (7) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under section 12A.
12AB. The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Sessions trying cases within the local limits of the jurisdiction of the High Court, Appeal and revision.
12AC. Save as otherwise provided in this Act, the provisions of the Code (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Sessions and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.'.
Application oi Code to proceedings before a Special Court.