section 90
Application of certain provisions of the Code of Criminal Procedure, 1973.
The Bihar Prohibition and Excise Act, 2016Tax2016101 sections8 chapters
Chapter VIII DETECTION, INVESTIGATION AND TRIAL OF OFFENCES
Statutory text
- (1) Save as otherwise expressly providedin this Act, the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) relating to arrests, detention, searches, summons, warrants of arrest, search warrants, and the production of persons arrested or articles seized shall apply so far as may be, to arrests, detentions and searches made, summons and warrants issued, and the production of persons arrested or articles seized under this Act.
- (2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in their application to any proceeding in relation to an offence punishable under this Act have effect as if-
- (a) in sub-section (1) of Section-243, for the words "The accused shall then be called upon", the words "The accused shall then be required to give in writing at once or within such time as the Court may allow, a list of the persons (if any) whom he proposes to examine as his witnesses and of the documents (if any) on which he proposes to rely and he shall then be called upon" had been substituted;
- (b) in sub-section (2) of section-309, after the third proviso, the following proviso had been inserted, namely :"Provided also that the proceeding shall not be adjourned or postponed merely on the ground that an application under section-397 has been made by a party to the proceeding."
- (c) after sub-section (2) of section-317, the following sub-section had been inserted, namely :"(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, if he thinks fit and for reasons to be recorded by him, proceed with enquiry or trial in the absence of the accused or his pleader and record the evidence of any witness, subject to the right of the accused to recall the witness for crossexamination."
- (d) in sub-section (1) of section-397, before the Explanation, the following proviso had been inserted, namely :"Provided that where the powers under this section are exercised by a court on an application made by a party to such proceedings, the court shall not ordinarily call for the record of the proceedings,-
- (a) without giving the other party an opportunity of showing cause why the record should not be called for; or
- (b) if it is satisfied that an examination of the record of the proceedings may be made from the certified copies."
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