(1) Any police-officer not below the rank of Sub Inspector, or any other ofcer of Government empowered in this behalf by general or special order of the Provincial Government, may arrest without warrant any person whom he reasq_nably suspects of having clone, of doing, or of being .about to clo any subversive·act.· . «
(2) Any officer who makes an arrest' in purs'nance orsub section (1) shall forthwith report the fact of such arrest to the Provincial Government, and, pending the receipt of the orders of the Provincial Government, may, by order in writing, commit any person so arrested to such custody as the Provincial Government may, by general or special order, specify: ·
Provided that no person shall be detained lll custody_ under this sub-section for a period exceeding fifteen-days" without the order of the Provincial Government.
(3) 0n receipt of any report made under the provisions of b-section (2),. the Provincial Government may, in addition to making such order as may appear to be necessary for _the temporary custody of any person arrested under this sect1on, make, in exercise of any power conferred upon it..
by any law for the time being in force, such :final order as to his detention, release, residence or any other matter concerning him as may appear to the Provincial Govern ment m the circumstances of the case to be reasonable or necessary. · r ~ ·---·------ ----=---..- .. - a, a.
The West Bengal Security Act, 1948.
16 [West Ben. Act (Chapter V.-Supplementary and Procedural, Sections 3133.)
Cogniz. 31. (1) No Court shall take cognizance of any alleged ance of contravention of the provisions of this Act or of any ordercontra- d h ] ventions ma e t ereun er, except on a report in writing of the facts of tho constituting such contravention, made by a public servant.
2]";;; . (2) Proceedings i respect ot a contravention o± • or orders provisions of this Act alleged to have been committed by made any person may be taken before the appropriate Court there- having jurisdiction in the place where that person is for theunder. time being.
(3) Notwithstanding anything contained in Schedule II to the Code of Criminal Procedure, 1898, a contravention Act V•of of the provisions of section 6, shall be triable a Court of 1898.
Session, a Presidency Magistrate or a Magistrate of thefirst class.
(4) Any magistrate or bench of magistrates empowered for the time being to try in a summary way the offence specified in sub-section (1) of section 260 of the Code of, Criminal Procedure, 1898, may if such magistrate or bench of magistrates thinks fit, on application in this behalf being made by the prosecution, try a contravention of any such provisions of this Act or orders made thereunder as th Provincial Government may by notified order, specify in .
this behalf, in accordance with the provisions contained in sections 262 to 265 of the said Code.