Modified application of certain provisions of the Code

Modified application of certain provisions of the Code.

1. (1) Notwithstanding anything contained in the Code or in any other law, every offence punishable under this Act shall be deemed to be a cognizable offence within the meaning of clause
   • (c) of section 2 of the Code, and "cognizable case" as defined in that clause shall be construed accordingly.
2. (2) Section 167 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modifications specified in the following sub-sections:
   • (a) in sub-section (2), the reference to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "thirty days", "ninety days" and "ninety days", respectively;
   • (b) after sub-section (2), the following sub-section shall be inserted, namely:— "(2A) Notwithstanding anything contained in sub-section
3. (1) or sub-section (2), the officer in charge of the police station shall not be entitled to police custody of the person arrested, for a period exceeding thirty days in the aggregate, and the Special Court may allow further detention of the person in judicial custody, not exceeding ninety days, in the aggregate: Provided that in further cases, the period of detention may be extended up to one hundred and eighty days on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the period of ninety days."
4. (3) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act subject to the modification that:
   • (a) the reference in sub-section
5. (1) thereof:
   • (i) to "the State Government" shall be construed as a reference to "the State Government or the Commissioner of Police";
   • (ii) to "order of the State Government" shall be construed as a reference to "order of the State Government or the Commissioner of Police, as the case may be".
6. (4) Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under this Act.
7. (5) 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 the Public Prosecutor has been given an opportunity to oppose the application for such release.