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Section 7: Powers in relations to absconding persons.

The Meghalaya Preventive Detention Act, 1995, Act No. 5 of 1995State Act of Meghalaya · Act 5 of 1995

(1) If the authority making the order has reason to believe that the person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that authority may-

(a) Make a report in writing of the fact to Deputy Commissioner or the Chief Judicial Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides and thereupon the provisions of section 82,83,84 and 85 of the Code shall apply in respect of the said person and his property as if the detention order made against him was a warrant issued by a court;

(b) By order notified in the Official Gazette direct the said person to appear before such officer at such place and within such period as may be specified in the order and if the said person fails to comply with such direction he shall unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the authority making the order of the reasons which rendered compliance impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.

(2)Not withstanding anything contained in the Code every offence under clause (b) of sub-section (1) shall be cognisable.

Where this provision sits

ActThe Meghalaya Preventive Detention Act, 1995, Act No. 5 of 1995
Section7
Marginal notePowers in relations to absconding persons.
JurisdictionState of Meghalaya
StatusIn force as published by the source

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