section 18
Procedure
The East Punjab Evacuees (Administration of Property) Act, 1947General194723 sections
Statutory text
Procedure.—(1) All offences specified in section 15-A shall be cognizable but no prosecution for an offence under sub-sections (1),
- (2) or
- (3) of the said section, or abetment of such an offence, shall be instituted except with the sanction of the State Government or the Custodian or a District Magistrate or a Deputy Commissioner, Rehabilitation or any other officer authorised by the State Government by general or special order in this behalf.
- (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), no person accused or convicted under sub-sections (2),
- (3) and
- (4) of section 15-A or of abetment of any such offence, shall, if in the custody, be released on bail or on his own bond, unless-
- (a) the prosecution has been given an opportunity to oppose the application for such release ; and
- (b) where the prosecution opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such an offence or abetment.
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