section 8
Powers in relation to absconding persons
The Jammu and Kashmir Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, 1988Criminal198815 sections
Statutory text
Powers in relation to absconding persons.-Where the Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is so concealing himself that the order cannot be executed, the Government 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 the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, Samvat 1989 shall apply in respect of the said person and land as if the order were a warrant issued by the Magistrate ;
- (b) by order notified in the Government 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 reasons which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with both.
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