(1) Notwithstanding anything contained in the Code, an appeal Appeal.
I shall lie fiom any judgment, sentence or order, not being an I intei-locutory order, of a Special Court to the High Court both on facts I 4 - and on law.
Explanation .- For the purposes of this section, "High Court" means aHikh Court within whose jurisdiction, a Special Court which passed the judgment, sentence or order,is situated.
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( 2 ) EV+ appeal under sub-section (1) shall be heard by cr bench of two Judges of the High Court.
(3) Except as aforcaid, no appeal or revisi011 shall lie to any c~u r t fiom any judgment, sentence or order including an interlocutory order of a Special Court.
(9 Notwithstandillg anything contained in sub-section (3) of section 378 of the Code, an appeal shall lie to the High Court against an order of the Special Court granting or refbsing bail.
(5) Every appeal under this section shall be preferred within a period of thirty days fiom the date of the judgment, sentence or order appealed fiom:
Provided that the High Court may entertain an appeal after the expiry of the. said period of thirty days'if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days.
INTERCEPTION OF COMMUNICATION DI CERTAIN CASES I , Definitions. 35. In this chapter, unless the context otherwise requires,-
(a) "electronic cornmuhication" means any transmission of signs, signals, writings, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system that affects inland or foreign commerce but does not include,- -- I THE GAZE'ITE OF INDIA EXTRAORDINARY 29 .
(I) the radio portion of a cordless telephone communication that is transmitted between the wireless telephone hand-set and the
(ii) any wire or oral oommunication;
(iii) any communication made through a tone only paging device; or ( i v ) any communication from a tracking device;
(b) "intercept" means the aural or other acquisition of the contents by wire, electronic or oral communication through the use of any electronic, mechanical or other device;
(c) "oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justi@ing such expectation but such term does not include any electronic communication;
(4 "wire communication" means any aural transmission made in whole or part through the use of facilities for the transmission~of communications by the aid of wire, cable or other like connection between the point of origin and the point of connection, between the point of origin and the point of reception (including the use of such connection in switching station) and such term includes any electronic storage of such communication.
36. The Central Government or the State Government, as the case Appointment of may be, may appoint an officer not below the rank of Secretary to the Colnpetent Authority.
Government in case of State Government and not below the rank of Joint secretary to the Government in the case of central Government, to be the Competent Authority for the purposes of this Chapter.
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~pplication for 37;. (I). A police officer not below the rank of Superintendent of auU1orizationof Police supervising the investigation of any terrorist act under this interception of Ordinance may submit an application in writing to the Competent wire. electronic or oral Authority for an order authorizing or approving the interception of communication. wire, electronic ,or oral communication by the investigating officer when he believes that such interception may provide, or has provided evidence of any offence involving a terrorist act.
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(2) Each application shall include the.'following information:-
(a), the identity of the investigating officer making the application, and the head' of the department authorizing the application;
(b) a statement of the facts and circumstances relied upon by the applicant to just@ his belief that an 'order should be issued, including-
(i) details as to the offence of terrorist act that has been, is - being, or is about to be committed;
(ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
(iii) a particular description of the type of communications soyght to be intercepted; and
(iv) the identity sf the person, if known, committing the \ terrorist act whose communications are to be intercepted;
(c) a statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorization of interception should not automatically terminate after the described type of cominunication has been first obtained;
&j&-<:&&-c>d$ :k, ~ . * , > 2 A m ~ : e d . - - L < & ~ ~ & % > > . . s ~ ' & ~ \ - .
THE GAZETTE OF INDIA. EXTRAORDINARY 31 (4 a particular description of facts establishing probable cause to believe that addit'ional communications of the same type will occur . .
thereafter; and
(e) where the application is for the extension of an order, a I statement setting forth the results thus far obtained from the I . interception, or a reasonable explanation of the failure to obtain such I additional oral or documentary evidence in support of the application.