GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Trial of persons previously convicted of offences against coinage, stamp-law or property
348.(1) Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Penal Code, with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, shall if the Magistrate before whom the case is pending is satisfied that there are sufficient grounds for [sending] the accused be [sent] to the Court of Session or [***] unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted:
Provided that, if any Magistrate in the district has been invested with powers under section 30, the case may be transferred to him instead of being [sent] to the Court of Session.
(2) When any person is [sent] to the Court of Session [***] under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly [sent] unless the Magistrate discharges such other person under [section 241A].
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Ministry of Law, Justice and Parliamentary Affairs