Amendment status not verified — confirm the current text below against the official source.
Where, after issue of order of seizure or ent made under section 18, any Certah property referred to in such order is transfened by any mode whatsoever, such transfer tansfers to be shall, for the purpose of proceedings under this Ac! be ignored and if such proper(y is null and void" subsequently forfeited, the transfer of such property shall be deemed to be null and void. iz5- 10 GUJARAT GOVERNMENT GAZETTE, EX.,05-11-2019 IPART IV CIIAPTER V MISCELLANEOIJS Modirted 29. (1) Notwithstanding anything contained in the Code or in any other application i ,:;;;;; law, every offence punishable under this Act shall be deemed to be a provisions'cognizableoffence'withinthemeaningofclause(c)ofsection2oftheCode ofcode. and lcognizable case' ds defined in that clause and shall be construed accordingly. (2)Section|67oftheCodeshallapplyinrelationtoacaseinvolvingarr offence punishable under this Act subject to the modifications that in sub- section (2), - (a) the reference to "fifteen days" and "sixty days", wherever they occur, shall be construed as references to "thirty days" and "ninety days", respectively ; (b) after the existing proviso, the following proviso shall !e inserted, :, namely:- "Provided further 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 upto one hundred and eighty days on the report ofthe Public Prosecutor indicating the progress of the investigation and the specific reasons for detention of the accused beyond the said period of ninety. days.". (3) Nothing in section 438 of the Code shall apply in relation to any case invglving the arrest of any person accused of having committed an offence punishable under this Act. (4) Notwithstanding anything.contained in the Code, no person accused of an offence punishable under this Act shall, if in custody, be released on bail or on his own bond. unless - (a) the Public Prosecutor has been 'given an opportunity to oppos€ the application ofsuch release; and (b) where the Public Prosecutor opposes the application,. the Special Court is satisfied that there are reasonable grounds for believing that accused is not guilty of commilting such offence and that he is not likeiy to commit any offence while on bail' (5) Notwithstanding anything contained in the Code, the accused shall not . be granted bail if it is noticed by the Special Court that he was on bail in an offence under this Act, or under any other Act on the date of the offence in question. (6) The restriction on gr ing of bail specified in sub-sections (4) and (5) are in addition to the restriction under the Code or any other law for the time being in force on the granting of bail" (7) The police officer seeking the custody of any person for pre-indictment or pre-tial intenogation from the judicial custody shall file a written statement exjltaining the reasons for seeking such custody and also for the delay if any, in seeking the polibe cuStodY. Presumption as to 2L: (1) In a prosecution for an offence of terrorist act or organised crime :I:1"'j''.:"u-" punisha6ie rurdei section 3, if it is proved PART TV] GUJARAT GOVERNMENT GAZETTE. EX.. O5-i 1-2019 (a) that unlawful arms and other material including relevant documents or papers were recovered from the possession of the accused and there is a reason to believe that such unlawful arms and other material including such documents or papers were used in the commission of such offence; or (b) that by the evidence ofan expert, the finger prints ofthe accused were found at the site of the offence or on anything including unlawful arms and other materials like relevant documents or papers and vehicles used in connection with the commission of such offence, the Special Court shall presrlme, unless the contrary is proved, that the accused had . committed sueh offence. (2) In a prosecution for an offence punishable under sub-section (2) ofsection 3, ifit is proved that the accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably suspected of, an offence ofterrorist act or organised crime, the Speeial Court shall presume, unless the contrary is proved, that such person has commiffed the offence under the said sub-section (2).