Section 8 in The Bengal Smuggling Of Arms Act, 1934
8. Evasion orders.
- Where any person on whom a warrant has been served under section 5 -(i)fails to attend at the place and at the time or times specified in the warrant and thereafter when required in order to receive the 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, or(ii)prior to the issue of that order, leaves [West Bengal] [Words substituted for the Word 'Bengal' by Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] or the notified area, 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 issue the order under section 7 in the absence of that person by publishing the same in the [Official Gazette] [Words substituted for the words 'Calcutta Gazette' by Government of India (Adaptation of Indian Laws) Order, 1937.], and such person shall be deemed to have absconded in order to evade that order:Provided that the [Central Government] [Words substituted for the words 'Local Government' by Government of India (Adaptation of Indian Laws) Order, 1937.] may condone a failure to attend under clause (i), on reasons for such non-attendance being furnished to its satisfaction, and in that case such person shall not be deemed to have absconded in order to evade the order.
