(1) A Special Tribunal may take cognizance of Procedure offences without the accused being committed to it for trial, and and in trying accused persons shall follow the procedure powers of prescribed by the Code of Criminal Procedure, 1898, for the Tribunals. Act V of
1898. trial of warrant cases by Magistrates :
Provided that a Special Tribunal may, for reasons to be recorded in writing, refuse to summon any witness if satisfied after examination of the accused that the evidence of isuch witness will not be material, and shall not be bound to adjourn any trial for any purpose, unless such adjournment is in its opinion necessary in the interest of justice :
Provided further that for the purpose of sub-section (1) of section 356 of the said Code, English shall be deemed to be the language of the Court and the Tribunal may decide by which one, if any, of its members the evidence of any or all of the witnesses shall be taken down in writing, and where under the provisions of that sub-section the evidence of witnesses is taken down under the direction and superintendence of the Tribunal but not by a member thereof, the provisions of sub-section (3) of section 356 shall not apply.
(2) Notwithstanding anything contained in section 13 any two members of a Special Tribunal may proceed with the trial of a case during the temporary and unavoidable absence of the third member :
Provided that all three members shall be present when after the evidence has been concluded the prosecutor or the accused or his pleader is addressing the Special Tribunal and when the judgment in the case is delivered.
(3) Save as provided in sub-section (1), the provisions of the Code of Criminal Procedure, 1898, except the provision of section 196A and of Chapter XXXII', shall, so far as they are not inconsistent with this Act, apply to proceedings of a Special Tribunal; and for the purposes of the said provisions the Special Tribunal shall be deemed to be a Court of Session, trying cases without a jury, and a person conducting a prosecution before a Special Tribunal shall be deemed to be a Public Prosecutor.
Bar of certain jurisdiction.
Burden of proof in certain cases.
6 The West Bengal Black Marketing Act, 1948.
[West Ben. Act Appeal and revision.
Accused person to be competent witness.
(Sections 15-18.)
(4) A Special Tribunal shall not, merely by reason of a change in its members, be bound to recall and rehear any witness -who has given evidence, and it may act on the evidence already recorded by or produced before it.
(5) In of tha Special e event of any difference of opinion among the shall prevail.
members Tribunal the opinion of the majority
(6) A Special Tribunal may pass any sentence authorised by law.
15. The High Court may, subject to the provisions of section 16 regarding the transfer of cases, exercise, so far as they may bbe applicable, all the powers conferred by Chapters XXXI and XXXII of the Code of Criminal Act V of Procedure, 1898 on a High Court, as if the Special Tribunal 1898' were a Court of Session trying cases without a jury within the local limits of the High Court's jurisdiction.
16.
No Court shall have authority to transfer any case from a Special Tribunal, or, save as provided in section 15, have any jurisdiction of any kind in respect of any proceedings of a Special Tribunal.
17.
When any person is prosecuted for an offence of black marketing, in respect of an act or being in possession of a thing with out lawful authorit or licence or ot r document, the burden of proving that he had without a permit, such author], permit, licence or other document, shall be on him.
18.
Any person charged with an offence of black marketingall be a competent witness, for the defence, and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that—
(a) he shall not be called as a witness except on his own request;
(b) his failure to give evidence shall not be made the subject of any comment by the prosecution or give rise to any presumption against himself or any person charged together with him at the same trial ;
(c) he shall not be asked, and if asked shall not be required to answer any question tending to show that he has committed or been convicted of any offence other than the offence with which he is charged, or is of bad character, unless—
(i) the proof that he has committed or been convicted of such offence is admissible evidence to show is charged, or that he is guilty of the offence with which he The West Bengal Black Marketing Act, 1948. 7 XXXII of 1948.]
(Sections 19, 20.)
(ii) he has personally or by his pleader asked questions of any witness for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution, or
(iii) he has given evidence against any other person charged with the same offence.