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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Special Economic Zones

Before the SEZ Act, 2005 commenced, a trial of an offence that is now a notified offence was under way in an ordinary criminal court. After commencement, no designated court exists yet for the Zone. Which statement is correct?

The existing court continues the trial until a court is designated. After designation, the case is transferred to the designated court, which proceeds from the stage at which the case was transferred. The trial is not void and need not restart.

  1. AThe trial must stop and restart before the Central Government's arbitrator
  2. BThe trial is void because only designated courts may try notified offences
  3. CThe same court continues the trial, and after a court is designated the case is transferred to it and proceeds from the stage reachedCorrect
  4. DThe case is transferred immediately to the Development Commissioner

Explanation

Section 23(2) provisos let the court already conducting the trial continue. Courts competent earlier also continue until designation, after which cases are transferred to the designated court, which continues from the stage of transfer. Restarting is not required.

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