(1) If the Government or any officer specified in sub-section (2) of section 3, as the case may be, 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 cannot be executed, the Government or officer may-
(a) make a report in writing of the fact to a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon 4the provisions of section 87, 88 and 89 of the Code of Criminal Procedure, 1898 shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;
4. See the corresponding provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
Detention orders not to be invalid or inoperative on certain grounds.
Powers in relation to absconding persons.
Central Act V of 1898.
4 [Act No.1 of 1970]
(b) by order, notified in the 5Telangana 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 officer mentioned in the order of the reason which rendered compliance therewith 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) Notwithstanding anything contained in 6the Code of Criminal Procedure, 1898 every offence under clause (b) of sub-section (1) shall be cognizable.