38. Procedure when personal service cannot be effected

Where the person to be summoned cannot by the exercise of due diligence be found and service cannot be effected as directed by section 37(5), the officer serving the summons shall affix the summons or a

Syuriah Courts 42

Cri~t~inal

Procedure Code copy thereof at a conspicuous part of the house or other place in which the person summoned ordinarily resides. and in such case. the summons. if the

Syariah Court so directs either before or after such affixing, are deemed to have been duly served.