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Section 8: Powers in relation to absconding persons

Rajasthan Prevention of Anti-Social Activities Act, 2006State Act of Rajasthan · Act 1 of 2008

(1) If the State Government or the authorized officer has reason to believe that a person, in respect of whom a detention order has been made, has absconded, or is concealing himself so that the order can not be executed, in that case the State Government or, as the case may be, the authorized officer shall, irrespective of his ordinary jurisdiction, be deemed to be empowered to exercise all the powers of the Competent Court for issuing a proclamation for such person and for attachment and sale of his property situated in any part of the State and for taking any other action, and the provisions contained in section 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) shall mutatis mutandisapply as if the detention order as aforesaid was a warrant of arrest issued by a Competent Court.

(2) If such person fails to comply with such proclamation, 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 officer mentioned in the order of the reasons which render compliance therewith impossible and of his whereabouts, or proves that it was not possible for him to so inform the officer mentioned in the order, shall on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.

(3) An appeal from any order made by the State Government or, as the case may be, by the authorized officer rejecting application for restoration of attached property shall lie to the court of sessions having jurisdiction over the place where the property in question is situated.

(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974) every offence under sub-section (2) shall be cognizable.

Where this provision sits

ActRajasthan Prevention of Anti-Social Activities Act, 2006
Section8
Marginal notePowers in relation to absconding persons
JurisdictionState of Rajasthan
StatusIn force as published by the source

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