section 17A
Reference to Advisory Board
The Anti Social activities (Prevention) Act(1) In every case where a detention order has been made under this Act, the State Government shall, within three weeks from the date of detention, place before the Advisory Board constituted under section 17 the grounds on which the order has been made and the representation, if any, made by the person affected by the order. (2) The Advisory Board shall, after considering the material placed before it and, if necessary, after calling for further information from the State Government or from the person concerned, submit its report to the State Government within seven weeks from the date of detention. (3) If the Advisory Board is of the opinion that there is sufficient cause for the detention of the person concerned, the State Government may confirm the detention order and continue the detention of the person concerned for such period as it thinks fit. (4) If the Advisory Board is of the opinion that there is no sufficient cause for the detention, the State Government shall revoke the detention order and cause the person to be released forthwith. (1) Where a Police Officer authorized under sub-section (1) of section 17 conducts search of any place or person, the provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), shall, mutatis mutandis, apply to such search and in dealing with any object seized by such an Officer, the provisions of sub-section (3) of section 102, sections 457, 459 and 481 of the said Code shall apply subject to the modifications that the references to "Magistrate" and "court" in the said sections shall be construed as "District Magistrate" and the references to "Code" shall be construed as "Act" and for the purpose of the said sections, the rules made by the High Court of Kerala in exercise of the powers conferred by the said Code, as amended from time to time, shall, mutatis mutandis, as far as possible, apply to the proceedings under this Act. (2) Any person aggrieved by an order passed by the District Magistrate in respect of any material object seized under this Act may, within sixty days from the date of receipt of such order, prefer an appeal before the Secretary to Government in charge of the Home Department. (3) On receipt of an appeal under sub-section (2), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such order confirming, modifying or annulling the order appealed against, as it deems fit.
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