Section 2(5) in THE BOMBAY PUBLIC SECURITY MEASURES ACT, 1947
(5)If the Commissioner of Police, Bombay, or the District Magistrate, or the Additional District Magistrate has reason to believe that a person in respect of whom an order has been made under clause (a) of sub-section (1) has absconded or is concealing himself or is otherwise delaying or frustrating the execution of the order, he may?(a)make a report in writing of the fact to a Presidency Magistrate or a Magistrate of the first class, as the case may be, having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code of Criminal Procedure, 1898 (V of 1898), hereinafter referred to as the Code, 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, or(b)by a direction notified in the Official Gazette, require the said person to appear before him at such place, and within such period, as may be specified in the direction; 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 with it and that he had within the period specified in it, informed the Commissioner of Police, or the District Magistrate, or the Additional District Magistrate, as the case may be, of his whereabouts and of the reasons which rendered compliance with it impossible be punishable, on conviction, with imprisonment for a term which may expend to one year, or with fine, or with both.
