Section 14: Inquiry by Special Judge

14. Inquiry by Special Judge.—(1) When an order made under sub-section (l) of section 10 has been read over under sub-section (2) thereof, or when any person appears or is brought before the Special Judge in compliance with, or its execution of, a summons or a warrant issued under sub-section (3) of that section, the Special Judge shall proceed to inquire into the truth of the information upon which the action has been taken and to take such further evidence as may appear necessary: Provided that, if, before the commencement of evidence, the person complained against requests for a copy of such information, it shall be supplied to him free of cost. (2) Such inquiry shall, subject to the provisions of this Act, be made, as nearly as may be practicable, in the manner prescribed in the Code of Criminal Procedure, 1898 (Act V of 1898) for conducting trials and recording evidence in cases triable by a Court of Session, except that no charge need be framed: Provided that any omission or failure to follow that procedure shall not, unless it has occasioned a failure of justice, vitiate the proceedings. (3) For the purpose of conducting inquiry under this Chapter, the Special Judge shall have all the powers of a Sessions Judge for issuing summons and warrants, compelling the attendance of witnesses and production of documents, exanimation of witnesses and issuing commissions for examination of witnesses. (4) Pending the completion of the inquiry under sub-section (1), the Special Judge may direct the person against whom the inquiry is pending to execute a bond, with or without sureties, undertaking therein to desist from indulging in smuggling until the conclusion of the inquiry and to appear before the Special Judge on every date of hearing, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that the Special Judge may, for reasons to be recorded, instead of taking a bond as aforesaid, of der the detention of such person in such prison as the Special Judge thinks suitable, but such detention shall not exceed three months. (5) Where two or more persons have been associated in the matter under inquiry, they may be dealt within the same or a separate inquiry as the Special Judge deems fit.

Effective date: 1977-01-01

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