National Security Act, 1980
7. Powers in relation to absconding persons
(1) If the Central Government or the State
Government or an officer mentioned in sub-section (3) of section 3, as the case
may be, 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 or officer may-
(a) make a report in
writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of
the first class having jurisdiction in the place where the said person
ordinarily resides;
(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.
(2) Upon the making of a report against any
person under clause (a) of sub-section (1), the provisions of sections 82, 83,
84 and 85 of the Code of Criminal Procedure, 1973, shall apply in respect of
such person and his property as if the detention order made against him were a
warrant issued by the Magistrate.
(3) If any person fails to comply with an
order issued under clause (b) of sub-section (1), 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.
(4) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, every offence under sub-section (3) shall be
cognizable