(1) Before an order under section 46, section 47 or section 48 is made against any person, the Commissioner, of Police shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness to be produced by him, the Commissioner of Police shall grant su"h application and examine such witness, unless for reasons to be recorded in writing, the Commissioner of Police is of opinion that such application is made for the purpose of causing vexation or delay.
(3) Any written explanation put in by such person shall be filed with the record of the case.
(4) Such person shall be entitled to be represented in the proceeding before the Commissioner of Police' by a counsel.
(5) (aj The Commissioner of Police may for the purpose of securing the attendance of any person apainst whom any order is proposed to be made under section 46, section 47 or section 48 require such person, by order in writing, to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry.
104 of 1956.
54 of 1959, 5^ of 1962.
Punjab Act No. 18 of 1055.
1 of 1878.
2 of 1930.
23 of 1940.
Bombay Act No.
10 of I960.
Period of operation of orders under section 46, 47 or 48.
Hearing t 0 be given before order under section 46, 47 or 48 is passed.
29 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) The provisions of sections 119 to 124 (both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to the order under clause (a) to furnish security bond.
(6) Without prejudice to the foregoing provisions, the Commissioner of Police, while issuing notice to any p'erson under sub-section (I) may issue a warrant for his arrest and the provisions of sections 70 to 8& (both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to such warrant.
(7) The provisions of section 445, section 446, section 447 or section 448 of the Code of Criminal Procedure, 1973., shall, so far as may be, apply in relation to all bonds executed under this section.