Section 7 of The Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980
- (1)If 1[the appropriate Government or an officer mentioned in sub-section (2) of section 3, as the case may be,] has reason to believe that a person in respect of whom a detention order has been made has absconded or is concealing himself so that the order cannot be executed, that Government 2[or officer] may--
- (a)make a report in writing of the fact to a Metropolitan Magistrate or a Judicial Magistrate of the first class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 82, 83, 84 and 85 of the Code of Criminal Procedure, 1973 (2 of 1974), 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;
- (b)by order notified in the Official Gazette direct the said person to appear before such officer, at such place and within such period as may be specified in the order; 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 therewith and that he had, within the period specified in the order, informed the officer mentioned in the order of the reason which rendered compliance therewith impossible and of his whereabouts, be punishable with imprisonment for a term which may extend to one year or with fine or with both.
- (2)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence under clause (b) of sub-section (1) shall be cognizable.
Summary
- This section empowers the government or specific officers to take action when a person runs away or hides to avoid a detention order.
- The issuing authority can write a report to a local magistrate, which triggers laws allowing the search and seizure of the runner's property.
- The authority can publish a public direction in the Official Gazette, which is the government's official news journal, ordering the person to appear at a set time and place.
- If the person fails to appear as directed in the gazette, they commit a crime punishable by up to one year of imprisonment, a fine, or both, unless they prove they had a valid excuse.
- Any failure to comply with the gazette order is a cognizable offense, meaning the police have the authority to arrest the runner immediately without a separate court warrant.
Practical examples
FAQ
1. What can the government do under Section 7 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 if a person hides?
Under Section 7 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the government can report the person to a local magistrate to apply criminal laws regarding absconding persons, or publish an order in the Official Gazette directing them to appear.
2. What is the punishment under Section 7 of the Blackmarketing Prevention Act of 1980 for failing to comply with a gazette appearance order?
If a person fails to comply with the gazette direction without proving it was impossible, they can be punished under Section 7 of the Blackmarketing Prevention Act of 1980 with up to one year of imprisonment, a fine, or both.
3. Is running away from a detention order a cognizable offense under Section 7 of the 1980 Supplies Maintenance Act?
Yes, under Section 7 of the 1980 Supplies Maintenance Act, failing to comply with an appearance order is a cognizable offense, which means the police have the authority to arrest the person without needing a separate arrest warrant.
4. Which magistrates can the government report an absconding person to under Section 7 of the Prevention of Blackmarketing Act?
The government can file a written report to a Metropolitan Magistrate or a Judicial Magistrate of the first class who has jurisdiction over the area where the person ordinarily resides.
Test yourself
Q1.Under Section 7 of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, what happens when a written report about an absconding person is made to a competent magistrate?
Q2.Under Section 7 of the Blackmarketing Prevention Act of 1980, what is the maximum prison sentence for failing to comply with a gazette order directing an absconding person to appear?
Q3.Under Section 7 of the 1980 Supplies Maintenance Act, if an absconding person fails to comply with a published appearance order, what must they prove to avoid punishment?
Q4.Under Section 7 of the Prevention of Blackmarketing Act, how is an offense of failing to comply with a gazette appearance direction classified, and what does this mean?
Q5.Under Section 7 of the Essential Commodities Supplies Maintenance Act, which authorities have the power to take action against an absconding person?