Section 18(2) in Orissa Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities (Conditions off Preventive Detention) Order, 1979
(2)If any detenu is guilty of a jail offence which by reason of his having frequently committed such offence or otherwise is in the opinion of the Superintendent of the Jail not adequately punishable by him under the provisions of Sub-clause (1), he may forward such prisoner to the Court of a Magistrate 1st Class having jurisdiction, and such Magistrate thereupon shall enquire into and try the charge so brought against the detenu and upon conviction shall sentence him to imprisonment for a term not exceeding one year or to fine or both:Provided that where the act constituting the offence amounts to an offence punishable under the Indian Penal Code with imprisonment for term exceeding one year nothing in this Order shall preclude the detenu from being tried and sentenced for such offence in accordance with the provision of that Code.
