11. Security for desisting from committing offences.
(1)Whenever a District Magistrate or a Sub- divisional Magistrate of the first class specially empowered by the State Government in this behalf receives information that any person within the limits of his jurisdiction habitually-(a)commits offences under Section 5 or Section 6, or(b)protects or harbours smugglers, receivers or sellers of opium, or opium eaters, such Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, to desist from committing any offence mentioned in this sub-section for such period, not exceeding three years, as the Magistrate thinks fit to fix.(2)Order to be made. - When a Magistrate acting under sub-section (1) deems it necessary to require any person to show cause under it he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties required.(3)Procedure in respect of persons present in Court. - If the person, in respect of whom such order is made, is present in Court, it shall be read over to him or if he so desires the substance thereof shall be explained to him.(4)Procedure in respect of persons not present in Court. - If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody a warrant directing the officer in whose custody he is, to bring him before the Court:Provided that whenever it appears to such Magistrate, upon a report or upon other information (the substance whereof to be recorded) that there is reason to apprehend that any person against whom proceedings under this section have been initiated is likely to abscond and his presence before the Magistrate cannot be secured unless a warrant of arrest be issued against such person, the Magistrate may issue a warrant of arrest accordingly.(5)Processes how served. - Every summons or warrant issued under sub-section (4) shall be accompanied by a copy of the order made under sub-section (2), and such copy shall be delivered by the officer serving or executing such summons or warrant to the person against whom the order is made.(6)Inquiry as to truth of information. - (i) When an order under sub-section (2) has been read and explained to a person present in Court under sub-section (3) or where any person appears or is brought before a Magistrate in compliance with, or in execution, of, a summons or warrant issued under sub-section (4), the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken and to take such evidence as may appear necessary.(ii)Such inquiry shall be made as nearly as may be practicable according to the procedure prescribed for the trial of warrant cases in the Criminal Procedure Code, 1898 (Act 5 of 1898), except that no charge need be framed.(iii)If the Magistrate considers that immediate measures are necessary for the prevention of the commission of any offence under this Act, pending the conclusion of the inquiry under clause, (i), he may, for reasons to be recorded, direct the person in respect of whom the order under sub-section (2) has been made, to execute a bond with sureties to desist from committing any offence mentioned in sub-section (1) until the conclusion of the inquiry and may detain him in custody until such bond is executed, or in default of execution, until the inquiry is concluded.(7)Evidence of general repute. - For the purposes of this section, and Section 16 the fact that a person is a habitual offender within the meaning of sub-section (1) may be proved by evidence of general repute or otherwise.(8)joinder of inquiries. - When two or more persons are alleged to have been associated together in the matter under inquiry, they may be dealt with in the same or separate proceedings as the Magistrate shall think just.(9)Order to give security. - If upon such inquiry, the Magistrate is satisfied that it is necessary that the person, in respect of whom the inquiry is made, should execute a bond with sureties to desist from committing the offence specified, the Magistrate shall make an order accordingly:Provided-Firstly, that no person shall be ordered to give surety of a nature different from or for an amount larger than or for a period longer than that specified in the order made under sub-section (2) ;Secondly, that the amount of such bond shall be fixed with due regard to the circumstances of the case ; andThirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his surety.(10)Discharge of person proceeded against. - If upon such inquiry the Magistrate is not satisfied that it is necessary that the person in respect to whom the inquiry is made should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry shall release him, or if such person is not in custody, shall discharge him.
