(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 –
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable under this Act shall be released on bail or on his own bond unless –
(i) the Public Prosecutor has been heard and also given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of subsection (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail.
Power of court to release certain offenders on probation
19. *13 (1) When an addict as defined under clause (b) of section 2, or a consumer as defined under clause (d) of section 2, is found guilty of an offence punishable under sub-sections (3) of section 9, and if the court by which such person is found guilty is of the opinion, regard being had to the age, character, antecedents, or physical or mental condition of the offender, that it is expedient so to do, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing such person at once to any imprisonment, with the person’s consent, direct that such person be released for undergoing medical treatment for detoxification or deaddiction from a hospital or an institution maintained or recognized by the Government, and to appear and furnish before the court within a period not exceeding six months, a report regarding the result of his treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.
(2) If it appears to the court, having regard to the report regarding the result of the treatment furnished under sub-section (1) of section 19, that it is expedient to do so, the court may direct the release of the offender after due admonition, and for abstaining from the commission of any offence under Chapter IV during such period as the court may deem fit to specify or on such person’s failure so to abstain, to appear before the court and receive sentence when called upon during such period.
*13 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *14 Inserted by Act No 21 of 2017 (w.e.f. 19.09.2017) 9 | P a g e
CHAPTER V PROCEDURE Power to issue warrant and authorization