(5) There shall not be any bar for a Special Tribunal, unless it otherwise decides to recall or rehear any witness whose
evidence has already been recorded or to reopen the proceedings already held under sub-section (4), but may act on
the evidence already recorded or produced and continue the trial from the stage the case has reached.
(6) A Special Tribunal may sit and conduct its proceedings at such times and places as the Government may, by order,
specify.
29. Procedure of Special Tribunal.- (1) A Special Tribunal shall not take cognizance of any offence except on a
report in writing made by a police officer not below the rank of Sub-Inspector.
(2) The Special Tribunal trying an offence under this Act shall follow the procedure laid down in chapter 23 of the
Code of Criminal Procedure for trial of offences before the Court of Sessions, subject to not being inconsistent with
the special provisions of this Act.
(3) A Special Tribunal, if it is not necessary in the interest of justice, and for reasons to be recorded in writing, may
not adjourn any trial.
(4) Where a Special Tribunal has reasons to believe that an accused has absconded or is concealing himself so that he
may not be arrested and produced before it for trial and there is no immediate prospect of arresting him, it shall, by
order published in at least two well- circulated Bangla Daily newspapers, direct such person to appear before it within
such time as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in
his absence.
(5) Where in case after the appearance of an accused person before the Special Tribunal, or his release on bail, the
accused person absconds or fails to appear before it, the procedure as laid down in sub-section (4), shall not apply and
the Tribunal shall, after recording its decision, try such person in his absence.
(6) A Special Tribunal may, upon applications made to it, or of its own motion, direct a police officer to make [further
investigation] in any case relating to an offence committed under this Act, and to report within such time as may be
specified by it.
30.
Application of the Code to proceedings of Special Tribunals.- (1) The provisions of the Code of Criminal
Procedure, in so far as they are not inconsistent with the provisions of this Act, shall apply to the proceedings of
Special Tribunals, and such Special Tribunals shall have all the powers of a Court of Sessions in exercising its original
jurisdiction.
(2) The person conducting cases on behalf of the Government before the Special Tribunal shall be deemed to be a
public prosecutor.
31. Appeal and approval of death sentence.- (1) An Appeal from any order, judgment or sentence passed by a
Special Tribunal may be preferred to the High Court Division within 30 (thirty) days from the date of passing thereof.
(2) Where a death sentence is passed under this Act by a Special Tribunal, the proceedings shall be submitted
forthwith to the High Court Division and the sentence shall not be executed unless it is approved by that Division.
32. Provision regarding bail.- No person accused of an offence punishable under this Act shall be enlarged on bail
by a Magistrate or a Judge, unless(a) the public prosecutor is given the opportunity of being heard in respect of bail order; and
(b) the [Magistrate or Judge] is satisfied that there are reasonable grounds to believe that the accused may not be
found guilty of the offence at the trial and records in writing his reasons of the grounds for being so satisfied.
33. Time-limit for disposal of cases by Special Tribunal. - (1) A Judge of a Special Tribunal shall conclude the trial
of a case within 6 (six) months from the date on which [the charge is framed] in respect of the case.
(2) If the Judge fails to conclude the trial within the time-limit specified in sub-section (1), he may, for reasons to be
recorded in writing, extend the time not exceeding 3 (three) months.
(3) If the Judge fails to conclude the trial within the time-limit specified in sub-section (2), he may, after informing
the High Court Division and the Government in writing as to the reasons for such failure, further extend the time not
exceeding 3 (three) months.
Eighth Chapter
Property derived from terrorist activities
34.
Possession of property obtained from terrorist activities.– (1) Any terrorist person or entity or any other
person, shall not enjoy or possess any property derived from terrorist activities or property given by any terrorist
person or terrorist entity or any other terrorist property.
(2) Any terrorist property which remains in the possession of any terrorist person or entity or any other person,
whether or not punished under this Act, shall be liable to be confiscated in favour of the State.
(3) The property of any person or entity involved in any offence under this Act, shall be subject to seizure by the
Government upon request of any foreign State or organization and shall be liable to be disposed of under mutual legal
assistance with the relevant country, or as the case may be, by the Government.
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