Page:Acts of the Parliament of India 1987.djvu/314

 304 :trued as references to "sixty days", "one year" and "one year”, respectively, and
 * (c) sub-section (2A) thereof shall be deemed to have been omitted.

(5) Section 268 of the Code shall apply in relation to a case involving an offence punishable under this Act or any rule made thereunder subject to the modifications that—
 * (a) the reference in sub-section (1) thereof—
 * (i) to "the State Government" shall be construed as a reference to "the Central Government or the State Government";
 * (ii) to "order of the State Government" shall be construed as a reference to "order of the Central Government or the State Government, as the case may be"; and
 * (b) the reference in sub-section (2) thereof, to "State Government" shall be construed as a reference to "Central Government or the State Government, as the case may be".

(6) Sections 366 to 371 and section 392 of the Code shall apply in relation to a case involving an offence triable by a Designated Court subject to the modifications that the references to "Court of Session" and "High Court", wherever occurring therein, shall be construed as references to "Designated Court" and "Supreme Court", respectively.

(7) 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 or any rule made thereunder.

(8) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless—
 * (a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
 * (b) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(9) The limitations on granting of hail specified in sub-section (8) are in addition to the limitations under the Code or any other law for the time being in force on granting of bail.

21. (1) In a prosecution for an offence under sub-section (1) of section. 3, if it is proved—
 * (a) that the arms or explosives or any other substances specified in section 3 were recovered from the possession of the accused and there is reason to believe that such arms or explosives or other