Amendment status not verified — confirm the current text below against the official source.
If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily acco for, shall be punishable with imprisonment for a te ich shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than rupees one lakh and such property shall also be liable for attachment and forfeiture, aS provided by section 18. CHAPTER III SPECIAL COURTS speciat 5. (1) The State Govgrnment may, with thd conclurence of the Chief courts' Justice of the High Court of Gujarat, by notification in the Offic;ial Gazette, constifute one or more Special Courts for such area or areas, or for such case or class or group of cases, as may be specified in the notification. (2) Where any question arises as to the jurisdiction of any Special Court, it shall be referred to the State Government whose decision in the matter shall be ' final. (3) A Special Court shall be presided over by a judge to be appointed by the State Government with the concurrence of the Chief Justice of the High Court of Gujarat. (4) The State Government may alqo appoint, with the concturence of the Chief Justice of the High Court of Gujarat, additional judges to exercise jurisdiction of the Special Court' (5) A person shall not be qualified for appointment as _a judge or an additional judge of a Special Court unless he immediately before such appointrnent, iJ a sessions judge or ariadditional sessions judge, respectively. (6) Where any addition judgp is or additional judges are appointed in Special Court, the judge of the Special Court m from time to time, by judges and also for the disposal of wgent business in the event of his absence or the absence ofany additionaljudge" w,hose local jurisdiction it was co itted or, as the case may be, by the section 5. may alsq try other offence with which the accused may under the Cocie, be (2) Il in the course of any trial of any offence under thig Act, it is foundthat the accused person has committed any other offence under this Act or under any other taw, the Speciat Court may convict such person of such other ofi"rr". and pass any sent e or award punishment authorised by this Act or, as the case may be, under such other law. Powers of Sprecial Court rvith resPect to other offences" PART IV] point, for every Special Co , a pubtic Ap Prosecutor" SO (2) A person shall not be qualified to be !:l Every person appointed as a Public Prosecutor or Additional public Prosecutor or Speoial Public Prosecutor un er this section shall be deerned to 9" (1) Subject to the.provisions of section 22, a Special Co may take procedure sections 263 to 265 of the code shall, as as may be, apply to such trial: Provided that where in the course of summary trial under this sub_ section, it appears to the Special Court that the nature of the case is such that it is undesirable to in a summary way, the Special Court shall Secall any witnesses who may have been ex ined and proceed. to re-hear the case in th! manner as provided by the provisions of the Code for the trial of such offence and the said provisio;ns shall apply to and in relation to, a special court as they apply to and in relation to, a Magistrate: imprisonment for a term not exceeding two years. (3) Subject to the other provisions of this Act, a Special Court shall; for the purpose of trial-of any offence, have all the powers of a court of session and shall try such offence as.if it were a court of session so far as may be. in accordance with the procedure prescribed in the Code for the trial befoi" a Court of Session- 11- Where, after taking cognizance of an offence, a Special Co is of the power to is transfened shall proceed with the trial of the offence as if it.has taken cognizance of the o ce. H84-2 2s_6 Transitional provisions and transfer ofpending proceedings. Appeal" Admissibility o:[ evidence collected through interception. GUJ T GOVERNMENT GAZETTE, EX., O5-1I-2019