section 8
Procedure in respect of repatriated prisoner while in Police custody
The East Punjab Exchange of Prisoners Act, 1948(1) The Central Government may in respect of a repatriated prisoner, who, immediately before his repatriation, was under arrest or in police custody or after completion of a police investigation, specify a Judicial Magistrate of the First class who shall have and exercise jurisdiction. (2) Every repatriated prisoner in respect of whom an order is made under sub-section (1) shall be produced without delay before the Magistrate specified in the order, and such Magistrate may take cognizance of an offence that such repatriated prisoner may be alleged by a police officer to have committed, and may grant him bail. (3) Where the repatriation was effected before completion of the police investigation, or the Magistrate is of the opinion that the evidence is deficient, the repatriated prisoner shall be released upon his entering into a bond, with or without sureties, as the Magistrate may direct, to appear if and when so required, and in the meantime, the Magistrate may order such further enquiry into the substance of the allegations as he thinks fit. (4) The Magistrate may, at any stage of the proceedings under sub-section (3), if of the opinion that there is no prospect of securing sufficient evidence to justify continuing proceedings against the repatriated prisoner, direct that such prisoner be discharged from his bond.
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