Amendment status not verified — confirm the current text below against the official source.
Security for abstaining from commission of offence,-(1) Whenever : person is convicted _of.an offence p_unishable under any provision of Chapter and the court convicting him is of opinion that it is ire'cessary to requiie such person to execute a bond for abstaining from the commissirin of ariy offence irnder this Act, the court may, at the tirie of passine sentence on sucfi Derson, order him to execute a bond for a sum proiortion-ate to his means. with or without sureties, for abstaining from comrnission of any offence under Chapter IV during such period not exceedins three vears as it lhinks fit to fix. (2) The bonil shall be in such form as'may be prescribed by the Central Govemment and the provisions of the Code of'Criminal Procedu're, 1973 Q of 1974), shall, in so far as Lhey are applicable, apply to all matters connected with such bond as if it were a bond to liep the piacd ordered to be executed under section 106 of that Code. , (3) If the conviction is set aside on appeal or otJrerwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate court or bv the Hieh Court or Srsions ludee vihen exercisine tlie po*iis of revision. - 35, Prisumption of culpabie iental state.---(l)'in ani prosecution for an offence under this Act which requires a culpable mental statebf the accused, the Corut shail Dresume the existente of such inental state but it shall be a defence for the accuSed to prove the fact that he had no such mental state with respect to the act charged is an offence in that prosecution. Explanntion--ln this section "culpable mental state" includes intentiory motive knowledge of a fact and belief-iru or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the court believes it td exist beyond a reasonable doubt and not merefy when its existence is established by a preponderance of probability. The presumption of culpable mental state of accused arises only after the evidence proved biyond rbasonable doubt that accused of had th( knowledee that vehicle owned by him wds being used for transporting narcotics; Bftoln Singh v. Stite of Punjab, (20111 11 SCC 653: JT 2011 (3) SC 392: (2011) 3 SCALE 495: 2011 Cr Ll 2296. 1[36. Constitution of Special Courts.-(l) The Govemment may, for the purpose of providing speedy trial of the offences under this Act, by nbtification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as mav be speci{ied in the notification. (2) A Special Court shall consist of a single Judge who shall be appointed by the Covernment with the concurrence of the Chief Justice of the High Court. Explanation.-ln this sub-section, "High Court" means the High C"ourt of the State in wh:ch the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Jrrdge or an Additional Sessions ludge.l