Section 10: Power to proceed against person accused of smuggling

10. Power to proceed against person accused of smuggling .___ (1) When the Special Judge acting under section 8 deems it necessary to proceed against the person in respect of whom such information has been received, he shall make an order in writing setting forth the substance of such information and his reasons for taking action. (2) If the person in respect of whom such order is made is present in court, it shall be read over to him and, if he so desires, the substance thereof shall be explained to him. (3) If such person is not present in court, the Special Judge shall issue a summons requiring him to appear or, if such person is in custody, make an order directing the officer in whose custody he is to bring him before the Court: Provided that the Special Judge may, at any time, issue a warrant, bailable or nonbailable, for the arrest and production of such person before him if he is satisfied that— (i) such person is purposely avoiding service of summons; or (ii) such person does not appear inspite of service of the summons; or (iii) for any other reason to be recorded, it is necessary to issue a warrant.

Effective date: 1977-01-01

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