Powers in relation to absconding persons

If the State Government or an officer specified in sub-section (1) or (2) of Section 36, 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 State Government or such officer may— (a) make a report in writing of the fact to a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) of that section shall apply as if the order directed to detain him were a warrant issued by the Magistrate; (b) by order notified in the 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 order, he shall, unless he proves that it was not possible for him to comply therewith and that he had given notice of the reason for non-compliance and his address to the officer mentioned in the order within the period specified in the order, be punishable with imprisonment which may extend to three years, or with fine, or with both.