(1) Subject to the pro\sisions of section 49, a Special Court may Procedure and take cognizance of any offence, without the accused being committed Wwen Of - Special Courts.
to it for trial, upon receiving a complaint of facts that constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with , .
, both, the Special Court may, notwithstanding anything contained in . . ... , . ..'.i, 3.. *r:.-;- ,~.... ' .
24 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- -
Provided that when, in the course of a summary trial under this subsection, it appears to the Special Court that the nature of the case is such that it is undesirable to try it in a summary way, the Special Court .
shall' recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the Code for the trial of such offence and the said provisions shall apply to and in relation to a Special Court as they apply to and in relation to a Magistrate:
Provided fbrther that in the case of any conviction in a summaq trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding one year and with fine which may extend to rupees five lakh.
(3) Subject to the other provisions of this Ordinance, a Special Court shall, for the purpose of trial of any offence, have all the powers of a Court of Session and shall try such offence as if it were a Court of Session so far as may be in accordance with the procedure prescribed in the Code for the trial before a Court of Sessioa.
(4) Subject to the other provisions of this Ordinance, every case transferred to a Special Court under section 25 shall be dealt with as if such case had been transfemed under section 406 of the Code to such I' Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the ~~~~~~~~~~~~bf section 299 of the Code, aspecial Court may, if it the absende of the accused or his pleader and record the evidence of any witness, subject to the right .of the accused to .recall the witness for cross-examination.
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-- THE GAZETTE OF INDIA EXTRAORDINARY 25