Constitution of Special Courts

(1) The Government may, for the purpose of speedy trial of the offences under this Act, by notification in the Official Gazette, in consultation with the High Court of Sikkim, designate a Court of District and Sessions Judge as the Special Court for the purpose of trial of the offences under this Act. (2) A special court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court. (3) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a Court of Session and the person conducting a prosecution before a special court, shall be deemed to be a Public Prosecutor. No prosecution under this Act shall be instituted except by a Gazetted Officer or an officer not below the rank of Deputy Superintendent of Police.