41A. [ Offences to be cognizable and non-bailable. [Substituted by Act 16 of 1997, with effect from 3-6-1997.]
(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974),-(a)every offence punishable under this Act shall be cognizable;(b)no person accused of an offence punishable for a term of imprisonment of three years or more under this Act shall be released on bail or on his own bond unless-(i)the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, has been given an opportunity to oppose the application for such release, and(ii)where the Public Prosecutor or the Assistant Public Prosecutor, as the case may be, 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.(2)The limitations on granting of bail specified in clause (b) of sub section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (Central Act, 2 of 1994) or any other law for the time being in force on granting of bail]
