Section 49

Any person reasonably suspected of having committed an offence under section 15(3) or 21(7) may be arrested without warrant by any police officer or by any inspector authorised by the Commissioner in that behalf and produced before a Magistrate’s Court or a District Court.

Despite any other written law, any police officer or inspector who, having effected an arrest in accordance with subsection (1), is satisfied as to the identity, name and place of residence of the person arrested may, instead of producing the person before a court or to a police station, serve upon the person a prescribed notice requiring the person to attend at such court, at such time and on such date as may be specified in the notice.

For the purpose of satisfying himself or herself as to the identity of the person arrested, the police officer or inspector may require any evidence of identity that the police officer or inspector considers necessary to be furnished by the person.

A duplicate of the notice served under subsection (2) must be prepared by the police officer or inspector (as the case may be) and produced by him or her to the court if so required by the court.

Where an accused person appears before a court in accordance with a notice served under subsection (2), the court is to take cognizance of the offence alleged and is to proceed as though the person were produced before the court pursuant to subsection (1).

If a person upon whom a notice has been served under subsection (2) fails to appear before a court in accordance with the notice, the court may issue a warrant for the arrest of that person.

Where a person arrested pursuant to a warrant issued under subsection (6) is produced before a court, the court is to proceed as though the person were produced before the court under subsection (1) and, at the conclusion of such proceedings, is to call upon the person to show cause why he or she should not be punished for failing to attend in compliance with the notice served under subsection (2).

If due cause is not shown under subsection (7), the court may order the person to pay a fine not exceeding $2,000 or may commit him or her to prison for a term not exceeding 2 months.