Section 4: Powers to deal with an absconding person

4. Powers to deal with an absconding person.___ (1) If the Federal Government, or as the case may be, a Provincial Government has reason to believe that a person in respect of whom a detention order has been made is absconding or is concealing himself so that the order cannot be executed that Government may:— (a) send a report in writing of the fact to the Magistrate having jurisdiction in the place where such person ordinarily resides or has his property, and thereupon the Magistrate shall take proceedings under sections 87, section 88 and s ection 89 of the Code of Criminal Procedure, 1898 (Act V of 1898) in respect of such person and his property as if the detention order were a warrant issued by such Magistrate; or (b) by order published in the official Gazette or any news paper, direct s uch person to appear before such officer, at such place and within such period as may be specified in the order; and if such person fails to comply with such direction, he shall, unless he proves that it was not possible for him to comply therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both. (2) A police officer, not below the rank of sub -inspector, if satisfied on the receipt of credible information that a person against whom an order of arrest and detention has been made under sub - section (1) of section 3 is presen t within his jurisdiction, may arrest him without a warrant in the same manner as he would have done if such order of arrest had been addressed to him and thereupon commit the arrested person to such custody as may be specified under sub -section (5) of section 3, or, if he receives any requisition in this behalf from the police officer or other person to whom the detention order has been addressed for execution, he shall commit the person arrested to the custody of such police officer or other person. (3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence under clause (b) of subsection (1) shall be cognizable and non -bailable.

Effective date: 1977-01-01

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