Section 17: Habitual offenders

17. Habitual offenders.___ (1) If, upon such inquiry, the Special Judge is satisfied that such person— (a) habitually indulges in smuggling; or (b) habitually receives smuggled goods; or (c) habitually protects, harbours or aids, financially or otherwise, persons indulging in smuggling; such Judge may, in addition to, or in substitution of, requiring such person to execute a bond under section 15, direct— (i) that his movements be restricted to any place or area and that he shall report himself at such time and place and in such mode as may be specified in the order; or (ii) that he shall not reside within the area specified in the order and shall report himself at such time and place and in such mode as may be specified in that order: Provided that, if such person, at the time when an order is made under this sub-section, is sentenced to, or is under going a sentence of, imprisonment or is detained under any law providing for preventive detention, the operation of the order shall be deferred till the expiry of the period of imprisonment or detention. (2) No order made under sub-section (1) shall be operative for a period exceeding three years. (3) If a person against whom an order has been made under sub-section (1) fails, without reasonable, cause, to comply with such order, he shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. (4) An offence under sub-section (3) shall be cognizable and non-bailable.

Effective date: 1977-01-01

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