Section 5 in The Bengal Smuggling Of Arms Act, 1934
5. Issue of warrant on receipt of report.
(1)On receipt of the report of the Commissioner of Police or of the District Magistrate, as the case may be the [Central Government] [Words substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937.] may make an order for the issue of a warrant for the arrest of the person against whom the report has been made.(2)The warrant shall be in such form as shall be prescribed by the [Central Government] [Words substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937.] by notification in the [Official Gazette] [Words substituted for the words 'Calcutta Gazette' by Government of India (Adaptation of Indian Laws) Order, 1937.] and shall be issued by the Commissioner of Police or the District Magistrate, as the case may be, and shall contain a statement of the heads of the charges against such person, and shall require him to submit by petition to the advising Judges appointed under sub-section (1) of section 6, by such date as may be specified in the warrant, any representation that he may desire to make.(3)The person arrested under such warrant shall be detained in custody until the final order of the [Central Government] [Words substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937.] under section 7 is communicated to him, unless the officer by whom the warrant is issued directs, in his discretion, that such person shall be released from custody on his executing, to the satisfaction of such officer, a bond with sufficient sureties for his attendance at such place and at such time or times as may be specified in the warrant and thereafter as such officer may direct:Provided that while such person is detained in custody he shall be given reasonable facilities, under proper safeguards, for communicating with his legal adviser.(4)The Commissioner of Police or the District Magistrate by whom such warrant is issued shall have -(i)for the enforcement of the attendance of the person, against whom the warrant is issued, at such place and at such time or times as may be specified therein (and thereafter as the Commissioner of Police or the District Magistrate may direct), in order to communicate to such person the final order of the [Central Government] [Words substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937.] made under section 7, and(ii)for the forefeiture, under section 514 of the Code of Criminal Procedure, 1898, of any bond, executed for the attendance of such person at such place and at such time or times,all the powers of a Presidency Magistrate or of such District Magistrate, respectively, under the Code of Criminal Procedure, 1898; and the warrant shall for the purposes set forth in clauses (i) and (ii) be deemed to be a warrant issued by a Presidency Magistrate or a District Magistrate, as the case may be, for the arrest of the said person to answer a charge in respect of a non-bailable offence committed by him within the jurisdiction of such Magistrate.
