Chapter III COMPETENT AUTHORITY

Protection of witnesses

1. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the proceedings under this Act may, for reasons to be recorded in writing, be held in camera if the Special Court so desires.
2. (2) A Special Court may, on an application made by a witness, in any proceedings before it or by the Public Prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret.
3. (3) In particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a Special Court may take under that sub-section may include,—
   • (a) the holding of the proceedings at a protected place;
   • (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to public;
   • (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed;
   • (d) a decision that it is in the public interest to order that all or any of the proceedings pending before such a court shall not be published in any manner.
4. (4) Any person who contravenes any direction issued under sub-section
5. (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees.

Forfeiture and attachment of property.

1. (1) Where a person has been convicted of any offence punishable under this Act, the Special Court may, in addition to such punishment as may be imposed under this Act, order that any property, whether movable or immovable or both, belonging to him, shall stand forfeited to the State Government, free from all encumbrances.
2. (2) Where any person is accused of any offence under this Act, it shall be open to the Special Court trying him to pass an order that all or any of such properties, held or possessed by him, shall, during the period of such trial, be attached, and where such trial ends in conviction, the properties so attached shall, subject to the provisions of this Act, stand forfeited to the State Government, free from all encumbrances.
3. (3) If upon a report in writing made by the Investigating Officer with the concurrence of the Commissioner of Police or as the case may be, the Superintendent of Police having jurisdiction, the Special Court is satisfied that any money or other property, which has been acquired as a result of the commission of an offence under this Act, has been transferred to any person or is likely to be transferred, the Special Court may order that such money or other property shall be attached.
4. (4) Any order made by the Special Court under this section shall be binding on all statutory or other authorities under its control.

Cases to be prosecuted by Government servant. No case shall be instituted under this Act against any person without the previous sanction of the Secretary of the Home Department of the State Government or such other officer as may be authorised by the State Government in this behalf.

Cognizance of offence

1. (1) Notwithstanding anything contained in the Code, no information about the commission of an offence of organised crime under this Act, shall be recorded by police without the prior approval of the police officer not below the rank of Deputy Inspector General of Police.
2. (2) No Special Court shall take cognizance of any offence under this Act without the previous sanction of the police officer not below the rank of Additional Director General of Police.

Presumption as to offences under sub-sections

1. (1) and
2. (2) of section 3
3. (1) In a prosecution for an offence of organised crime punishable under the provisions of sub-section
4. (1) of section 3, if it is proved—
   • (a) that the unlawful arms and other material including documents or papers were recovered from the possession of the accused and there is reason to believe that such unlawful arms and other material were used in the commission of such offence;
   • (b) that by the evidence of an expert the fingerprints of the accused were found at the place of the occurrence or on anything including arms and vehicles used in connection with the commission of the offence;
   • (c) that a telephone, electronic or other source of communication was intercepted and it was a direct communication between the accused or a member of the organised crime syndicate and any other person who abets or assists in the commission of the offence; the Special Court shall presume, unless the contrary is proved, that the accused had committed the offence.
5. (2) In a prosecution for an offence of organised crime punishable under the provisions of sub-section
6. (2) of section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence of organised crime, the Special Court shall presume, unless the contrary is proved, that the accused has committed the offence under the said sub-section (2).