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Report No. 40

20. Section 5.- Section 5 requires the officer in charge of a prison to comply with an order passed under section 3 and delivered to him in due course, and indicates the manner in which the order is to be carried out. In the application of this section to a person under preventive detention, the question might be raised whether the order of the court under section 3 is sufficient authority for removing the person from the place of detention, or whether a supplementing order of the State Government made under section 4 of the Preventive Detention Act, 1950, is necessary. We are of the opinion that the former is the correct answer, and accordingly do not consider that any clarification amendment is required.

Law relating to Attendance of Prisoners in Courts Back

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