Cognizance of offence.

(1) No prosecution under this Act shall be instituted except by or with the previous sanction of the District Magistrate or the Magistrate of the first class specially empowered in this behalf by the State Government. (2) No offence punishable under this Act shall be tried by any court inferior to that of a Judicial Magistrate of the first class. (3) Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973, every offence punishable under this Act shall be cognizable and non-bail able. (4) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state with respect to the Act charged as an offence in that prosecution. Explanation.- (a) In this sub-section “culpable mental state” includes intention, motive, knowledge of fact and the believe in, or reason to believe, a fact. (b) For the purpose of this sub-section, a fact is said to be proved only when the court believe it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.