Section 9: Missing warrant to be reconstructed

9. Missing warrant to be reconstructed.___(1) Upon receipt of a report under clause (b) of section 8, the District Magistrate shall, with all convenient speed, procure the records (including judicial records) relating to such prisoner, and after such enquiry as he deems necessary, shall determine the nature and term of the detention which such prisoner was undergoing immediately before his repatriation, and shall draw up a warrant accordingly, commiting such prisoner to the prison where he is detained for the balance of such term, or until further orders are received from any Court or authority having jurisdiction in the case. (2) Report to High Court. Such warrant of commitment shall be forwarded to the Officer‑in‑Charge of the said prison, and the District Magistrate shall, at the same time, forward the original record, or a complete copy of his proceedings to the High Court. (3) Bail in case of delay. If any enquiry under sub‑section (1) is prolonged beyond a period of two months from the date on which the repatriated prisoner was received at the prison, the District Magistrate shall release such prisoner on bail, unless he has reason to believe that such prisoner has been convicted of a prescribed offence and is undergoing a sentence of which the balance exceeds two years. (4) The bail bond required under sub‑section (3) may be with or without sureties and shall be in such form as may be prescribed.

Effective date: 1948-01-01

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