(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.
(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.
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 ; and
Thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his surety.
Section 11 • Assam Opium Prohibition Act, 1947
11. Security for desisting from committing offences.
assam-opium-prohibition-act-1947-1947-sec-11.json
•
Section 11
{
"act_title": "Assam Opium Prohibition Act, 1947",
"act_slug": "assam-opium-prohibition-act-1947-1947",
"section_label": "Section",
"section": {
"number": "11",
"title": "11. Security for desisting from committing offences.",
"chapter": null,
"content": "(a) commits offences under Section 5 or Section 6, or\n(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.\n(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.\n(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.\nFirstly, 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) ;\nSecondly, that the amount of such bond shall be fixed with due regard to the circumstances of the case ; and\nThirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his surety.",
"footnote": "",
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