Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974

Temporary release of persons detained.

12.[(1) The Central Government may, at any time, direct that any person detained in pursuance of a detention order made by that Government or an officer sub-ordinate to that Government or by a State Government or by an officer sub-ordinate to a State Government, may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.

(1A) A State Government may, at any time, direct that any person detained in pursuance of a detention order made by that Govern-ment or by an officer sub-ordinate to that Government may be released for any specified period either without conditions or upon such conditions specified in the direction as that person accepts, and may, at any time, cancel his release.]

(2) In directing the release of any person [under sub-section (1) or sub-section (1A), the Government directing the release] may require him to enter into a bond with sureties for the due observance of the conditions specified in the direction.

(3) Any person released under [sub-section (1) or sub-section (1A)] shall surrender himself at the time and place, and to the authority, specified in the order directing his release or can-celling his release, as the case may be.

(4) If any person fails without sufficient cause to surrender himself in the manner specified in sub-section (3), he shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

(5) If any person released under [sub-section (1) or sub-section (1A)] fails to fulfil any of the conditions imposed upon him under the said sub-section or in the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof.

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