Matters to be taken into consideration for fixing fine

(1) Where a sentence or fine is imposed under Section 9, the Court, while fixing the amount of the fine shall take into consideration the amount or the value of the property, if any, which the accused person has obtained by committing the offence, the pecuniary resources of property referred to in that clause for which the accused person is unable to account satisfactorily. (2) The Special Magistrate, while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law Amendment Ordinance, 1944.