Section 16(3) in The Punjab Habitual Offenders (Control and Reform) Rules, 1957
(3)The enquiry shall be made, as nearly as may be practicable, in the manner prescribed for conducting trials and recording evidence in summons cases as laid down in the Code. [-] [The words 'of Criminal Procedure, 1898 amended up-to-date and for the time being in force' deleted vide Haryana Government Notification No. GSR 9/PA12/52/S.16/Amd.(1)/77 dated 14.1.1977.] For the purposes of the enquiry, the Magistrate shall take all such evidence as may be produced by the Superintendent of Police concerned or his representative duly authorised by him in this behalf, and all such evidence the registered person may produce in his defence in this behalf. The Magistrate may also take, at any stage of the enquiry, any evidence he deems necessary or relevant for the purpose of satisfying himself as to the necessity for action under Section 11 against the said registered person, having due regard also to the provisions of section 11(2) of the Act:-Provided that if the Magistrate is satisfied that the registered person is wilfully avoiding service or wilfully neglects to attend at the appointed place or at the appointed time for the enquiry, the Magistrate may proceed to hear and determine the enquiry ex-parte.
