Section 12: Treatment of prisoners who are repatriated while in police custody

12. Treatment of prisoners who are repatriated while in police custody.___(1) The Provincial Governments may, in respect of any repatriated prisoner who, immediately before repatriation was held under arrest or detention in police custody, during or after completion of a police investigation, specify a Magistrate of the first class who shall have and exercise jurisdiction. (2) Every repatriated prisoner, in respect of whom an order has been made under sub‑section (1) shall be produced without delay before the Magistrate specified in the order, and such Magistrate may take cognizance of any offence that such repatriated prisoner may be reported by a police officer to have committed, and may grant him bail. 1Omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). 2Omitted by the Federal Laws (Revision and Declaration) Ordinance No. XXVII of 1981, s. 3 and Sch. II. (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) In every case falling under sub‑section (3), the Magistrate may, if he is satisfied at any stage that there is no prospect of securing sufficient evidence to justify commencement of proceedings against the repatriated prisoner, direct that such prisoner be discharged from his bond.

Effective date: 1948-01-01

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