Section 22

Where a complaint is made on oath to a Magistrate that any person is improperly detained in an approved institution by reasons of any misconduct or breach of duty on the part of any officer in the discharge of his functions pursuant to this Act or any regulations made thereunder, the

Magistrate may either inquire into the complaint himself or direct a police officer to make an inquiry for the purpose of ascertaining the truth or falsehood of the complaint and report to him the result of the inquiry.

Every inquiry under subsection (1) shall be conducted in private but, save as aforesaid, the procedure for conducting any inquiry shall be such as the Magistrate considers appropriate in the circumstances of the case.

A Magistrate or a police officer conducting any inquiry under subsection (1) shall have all the powers conferred on him by the Criminal

Procedure Code (Chapter 7) in relation to the attendance and examination of witnesses, the taking of evidence and the production of documents.

If after considering the result of any such inquiry, the Magistrate is satisfied that any person who is detained in an approved institution ought not to be so detained, he may make an order for the discharge of that person from the approved institution and that person shall be discharged accordingly.

Any order or decision of the Magistrate made under this section shall be final.

Intoxicating Substances 18

No evidence taken for the purpose of any such inquiry shall be admissible in any civil or criminal proceedings except where the person who gave such evidence is charged with giving or fabricating false evidence.

Residents deemed to be in legal custody.