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In force2024 Revised Edition
Contents

Part · Offences, Penalties and Proceedings

48. Arrest of persons accused of offence under section 15(3) or 21(7)

(1)

Any person reasonably suspected of having committed an offence under section 15(3) or 21(7) may be arrested without warrant by any police officer or by any inspector authorised by the Authority in that behalf and produced before a court.

(2)

Notwithstanding any other written law, any police officer or inspector who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and residence of the person arrested may, instead of producing him before a court or to a police station, serve upon him a notice requiring him to attend at such court, at such time and on such date as may be specified in the notice.

(3)

For the purpose of satisfying himself as to the identity of the person arrested, the police officer or inspector may require such evidence of identity as he may consider necessary to be furnished by that person.

(4)

A duplicate of the notice served under subsection (2) shall be prepared by the police officer or inspector, as the case may be, and produced by him to the court if so required by the court.

(5)

Where an accused person appears before a court in accordance with a notice served under subsection (2), the court shall take cognisance of the offence alleged and shall proceed as though he were produced before it under subsection (1).

(6)

If a person upon whom a notice has been served under subsection (2) fails to appear before a court in accordance with the notice, the court may issue a warrant for his arrest.

(7)

Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a court, the court shall proceed as though he were produced before it under subsection (1) and shall, at the conclusion of such proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served under subsection (2).

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(8)

If due cause is not shown under subsection (7), the court may order him to pay a fine not exceeding $2,000 or may commit him to prison for a term not exceeding 2 months.

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