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[Cites 0, Cited by 0] [Section 11] [Entire Act]

State of Assam - Subsection

Section 11(6) in Assam Opium Prohibition Act, 1947

(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.