Section 8 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

 

Section 8 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: 

Powers in relation to absconding persons.—

(1) If the appropriate Government has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government may—

(a) make a report in writing of the fact to a Metropolitan Magistrate or a Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate;

(b) by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; and if the said 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 one year, or with fine, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognizable.


Section 8 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988:  

Mohamad Afzal Mohd. Yar Khan vs A.K. Srivastava Joint Secretary, on 28 August, 1997

Delhi High Court 

Kulwant J. Singh vs Union Of India And Ors. on 16 February, 1989

Delhi High Court 

Rafiq Mohammad vs Union Of India (Uoi) And Anr. on 1 February, 1989

Madhya Pradesh High Court 

Mr. Aslam Mohd. Merchant vs State Of Maharashtra & Others on 28 April, 1999

Bombay High Court 

Heisnam Chaoba Singh vs The Union Of India & Ors on 5 October, 2021

Calcutta High Court 

Kulwant Singh vs Union Of India And Others on 16 February, 1989

Delhi High Court 

Mohamed Javed Abdul Aziz Shaikh vs D.K. Jain, Principal Secretary on 22 September, 1993

Bombay High Court 

Manzoor Ahmad Khawaja vs State & Ors on 1 July, 2019

Jammu & Kashmir High Court 

Heisnam Chaoba Singh vs The Union Of India & Ors on 4 October, 2021

Calcutta High Court 


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