(1) Notwithstanding anything contained in the Code or any other law, every offence punishable under this Ordinance shall be deemed to be a cognizable offence within the meaning of clause (c) of section 2 of the Code, and "cognizable case" as defined in that clause shall be construed accordingly.
Modified application of ccrWiin provisions of llic Code
(2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Ordinance subject to the modification that in sub-section
(2)r
(a) the references to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days", respectively; and
(b) after the proviso, the following provisos shall be inserted, namely :— "Provided farther that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period up to one hundred and eighty days, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days:
Provided also that if the police officer SEC. 1 ] THE GAZETTE OF INDIA EXTRAORDINARY 4 ?
making the investigation under this Ordinance, requests, for the purposes of investigation, for police custody from judicial custody of any person from judicial custody, he shall file an affidavit stating the reasons for doing so and shall also explain the delay, if any, for requesting such police custody."
(3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Ordinance subject to the modification that-
(a) the reference in sub-section (/) thcrcof- (0 to "the State Government" shall be construed as a reference to "the Central Government or the State Government", (//) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
(b) the reference in sub-section (2) thereof, to "State Government" shall be construed as a reference to "Central Government or the State Government, as the case may be".
(-/) Sections 366, 367 and 371 of the Code shall apply in relation to a case involving an offence triable by a Special Court subject to the modification that the reference to "Court of Session", wherever occurring therein, shall be construed as the reference to "Special Court".
(5) Nothing in section 438 of the Code shall apply in 44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— relation to any case involving the arrest of any person accused of having committed an offence punishable under this Ordinance.
(<5) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Ordinance shall, if in custody, be released on bail or on his own bond unless the Court gives the Public Prosecutor an opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to release on bail, no person accused of an offence punishable under this Ordinance or any rule made thereunder shall be released on bail until the court is satisfied that there are grounds for believing that he is not guilty of committing such offence:
Provided that after the expiry of a period of one year from the date of detention of the accused for an offence under this Ordinance, the provisions of sub-section (6) of this section shall apply.
(8) The restrictions on granting of bail specified in sub-sections (6) and (7) are in addition to the restrictions under the Code or any other law for the time being in force on granting of bail.
(S>) Notwithstanding anything contained in subsections (tf), (7) and (#), no bail shall be granted to a person accused of an offence punishable under this Ordinance, if he is not an Indian citizen and has entered the country unauthorisedly or illegally except in very exceptional circumstances and for reasons to be recorded in writing.
Cognizance of offences.
50. No Court shall take cognizance of any offence SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 4 5 Officers competent to investigate ofTcnccs under this Ordinance.
under this Ordinance without the previous sanction of the Central Government or, as the case may be, the State Government
51. Notwithstanding anything contained in the Code, no police officer, -
(a) in the case of the Delhi Special Police Establishment, below the rank of a Deputy Superintendent of Police or a police officer of equivalent rank, {b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any other metropolitan area notified as such under sub-section (/) of section 8 of the Code, below the rank of an Assistant Commissioner of Police;
(c) in any other case not relatablc to clause (a) or clause (b), below the rank of a Deputy Superintendent of Police or a police officer of an equivalent rank, shall investigate any offence punishable under this Ordinance.
Arrest. 52. (7) Where a police officer arrests a person, he shall prepare a custody memo of the person arrested.
(2) The person arrested shall be informed of his right to consult a legal practitioner as soon as he is brought to the police station.
(3) Whenever any person is arrested, information of his arrest shall be immediately communicated by the police officer to a family member or in his absence to a relative of such person by telegram, telephone or by any other means and this fact shall be recorded by the police officer under the signature of the person arrested.
4 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(7) The person arrested shall be permitted to meet the legal practitioner representing him during the course of interrogation of the accused person:
Provided that nothing in this sub-section shall entitle the legal practitioner to remain present throughout the period of interrogation.