Section 7. 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 cognisable.
Judgements applying section 7
COFEPOSA pre-execution challenge dismissed; absconding proposed detenue; Proclaimed Offender under Sections 82-85 CrPC; Section 7(1)(a) COFEPOSA proceedings; Article 226 self-restraint; Alka Subhash Gadia five exceptions; Subhash Popatlal Dave live-nexus theory impermissible for absconder; Pawan Gupta followed; Mohd.
Writ Petition (Criminal)OpenCRM-M-32366-2022 (O&M), Punjab & Haryana High Court, decided 20.03.2025, Manisha Batra, J. Keywords: Section 82 CrPC proclamation for person absconding; proclaimed person; mandatory 30 clear days; premature declaration; Section 82(1) violation; Section 82(2) mandatory conditions; nullity; Section 482 CrPC quashing;
AllowedOpenThis judgment addresses a writ petition challenging a detention order under the COFEPOSA Act at the pre-execution stage. The petitioner, a citizen of Nepal who has absconded since 2014, argued that the order should be quashed because it remained unexecuted for years and was not served at his address in Nepal.
Writ Petition (Criminal)OpenFive appeals challenging property forfeiture orders under SAFEMA. The Tribunal held that the lapse of detention orders due to failure of confirmation under COFEPOSA does not invalidate prior forfeiture orders under SAFEMA, as the Act applies to persons against whom detention orders were validly made.
The Tribunal dismissed appeals challenging a property forfeiture order issued under SAFEMA/NDPS. The appellants argued that a Supreme Court order lapsing their detention invalidated the forfeiture.
Petitioner challenged detention under COFEPOSA Act executed thirty years after the original order due to alleged non-service. Court held unexplained delay rendered detention invalid, distinguishing precedents allowing shorter delays, and allowed the writ petition.
AllowedOpen
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Challenge by the wife of a detenu to his detention and confirmation orders under the COFEPOSA Act, on grounds of withheld documents, inordinate delay in executing the detention order, non-placement of representations before the Advisory Board and denial of documents needed for an effective representation.
DismissedOpenPreventive detention under COFEPOSA for alleged gold smuggling was upheld. The court rejected challenges concerning omitted documents, non-supply of materials, delay in issuing and executing the order, and disposal of representations. The writ petition was dismissed.
DismissedOpenCOURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 W.P.(CRL.)NO.581 OF 2022 PETITIONER: FASALU RAHMAN, AGED
WithdrawnOpenCOURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. MONDAY, THE 20th DAY OF DECEMBER 2021 / 29th KARTHIKA, 1943 WP(CRL.) NO. 171 OF 2021 PETITIONER/S: SANGE
AllowedOpen