49. [ Modified application of certain provisions of the Code. [Substituted by Act No. 6 of 2007 (w.e.f. 6.6.2007)]
(1) Section 167 of the Code shall apply to a case involving an offence punishable under the proviso to Section 54 or under Section 5413, 54D or 56 of this Act subject to the modification that in sub-section (2) thereof the reference to "sixty days" and "ninety days", wherever they occur, shall be construed as reference to "one hundred twenty days" and "one hundred eighty days" respectively.](2)Nothing in Section 438 of the Code shall applying in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the proviso to Section 54, or under Sections 54B, 54D or 56 of this Act.(3)Notwithstanding anything contained in the Code, no person accused of an offence punishable under the proviso to Section 54, or under Sections 54B, 54D or 56 of this Act 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 of 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 such offence while on bail.(4)The limitations on grant of bail specified in sub-section (3) are in addition to the limitations under the Code or any other law for the time being in force on the grant of bail.Explanation. In this Section, the expression "the Code" means the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
