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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.







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