Section 8. 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.
Judgements applying section 8
Preventive detention — PIT NDPS Act, 1988 — challenge to detention order at pre-execution stage — held by Sanjay Dhar, J.: at pre-execution stage a detention order can be assailed on any ground except sufficiency of material (following Alka Subash Gadia, Deepak Bajaj and Subash Popatlal Dave);
DisposedOpenBipin Bihari Singh @ Dipu Singh Vs the State of Jharkhand through Secretary Department of Home , Government of Jharkhand
Outcome: DismissedJharkhand High Court, W.P.(Cr.)(DB) No.662 of 2025, decided 06/01/2026 (C.A.V. 08.12.2025). Preventive detention under Section 3(1) PITNDPS Act 1988; unreasonable delay between detention proposal (memo no.
DismissedOpenRampravesh Gupta Alias Ramu Saw@ Ram Pravesh Saw @ Ram Saw Vs the State of Jharkhand through the Chief Secretary
Outcome: AllowedW.P.(Cr.) (DB) No.133 of 2025, High Court of Jharkhand at Ranchi; C.A.V. on 17.07.2025, pronounced on 08/08/2025; coram Sujit Narayan Prasad and Rajesh Kumar, JJ.
AllowedOpenBanti Mahtha,Alias Sonu Mahthaa Vs the State of Jharkhand through the Chief Secretary Government of Jharkhand
Outcome: AllowedJharkhand HC (Division Bench), pronounced 08.08.2025 (reserved/C.A.V. 17.07.2025), W.P.(Cr.) Nos.933 & 1001 of 2024: preventive detention orders under the PIT NDPS Act, 1988 (References No.18/PIT NDPS-25/2024-3616 and No.18/PIT NDPS-10/2024-2402, Principal Secretary, Home, Jail & Disaster Management Dept., Govt.
AllowedOpenSikandar Mahtha Vs the State of Jharkhand through the Chief Secretary Government of Jharkhand
Outcome: AllowedPIT NDPS Act 1988 preventive detention quashed; subjective satisfaction vitiated by non-placement of acquittal and bail orders; more-than-six-month delay in executing detention orders (custody 25.12.2024 / 24.10.2024); Section 8 absconding procedure not invoked; Article 21 and Article 22(5);
AllowedOpenLiakat Ali through His Mother Alam Bibi Vs Ut of J and K Th. Principal/Commissioner Secretary to Govt. Home Department Jammu
Outcome: DisposedOF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :- HCP No. 97/2024 Liakat Ali ….. Petitioner(s) Through: Mr. A.R. Khan, Advocate Vs Union Territory of J&K and others .…. Respondent(s) Through: Ms. Monika Kohli, Sr.AAG Coram: HON’BLE MR. JUS
DisposedOpen
Show 4 more
217/2024 Page 1 of 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … HCP No. 217/2024 Reserved on: 15.04.2025 Pronounced on: 24.04.2025 Firdous Ahmad Sheikh, Aged 42 years S/o Mohammad Yousuf Sheikh R/o Manchewa Yaripora throu
DisposedOpenPreventive detention — PITNDPS Act, 1988 — habeas corpus allowed; detention (23.07.2024) and confirmation (18.10.2024) orders set aside. Grounds of detention cited only three N.D.P.S.
DisposedOpenImtiyaz Ahmed Th Sajjad Ahmad Vs U T of J and K Th Commissioner Secretary Home Deptt and Others
Outcome: DisposedJ&K and Ladakh High Court, Jammu (HCP 15/2024, Moksha Khajuria Kazmi J, decided 05.11.2024): PITNDPS preventive detention quashed for unexplained two-month delay in execution breaking the live-proximity link and for failure to invoke Section 8 PITNDPS / Sections 82-85 CrPC procedure despite plea of evasion;
DisposedOpenJUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12240/2024 Rajendra Choudhary @ Raju S/o Shri Ramdev, Aged About 31 Years, R/o Dandawat, Police Station Lambaharisingh, District Tonk (Raj.) (Accused/
AllowedOpen