(1) If in any proceedings against any seaman of any ship for the offence of desertion or absence without leave, it is alleged by 1/4, or if their number exceeds 20, by not less than 5, of the seamen belonging to the ship—
(a) that the ship is by reason of unseaworthiness, overloading, improper loading, defective equipment, or any other reason, not in a fit condition to proceed to sea; or
(b) that the crew accommodation in the ship is insufficient or does not comply with the requirements imposed by any Regulations made under section 137,
the Court shall take such steps as are in its power to satisfy itself concerning the truth or untruth of the allegation, and for that purpose the Court—
(i) shall receive the evidence of the person making the allegation,
(ii) may summon any other witnesses whose evidence it thinks desirable to hear,
(iii) shall, if satisfied that the allegation is groundless, adjudicate the case, and
(iv) shall, if not satisfied that the allegation is groundless, before adjudication cause the ship to be surveyed.
(2) A seaman charged with desertion or with absence from his or her ship without leave shall not have a right to apply for a survey under this section unless he or she has, before leaving the ship, complained to the master of the circumstances alleged by him or her to justify a survey of the ship.