- Where the person in respect of whom an order is made under Section 267 -

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government under Section 268 applies, the officer-in-charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining :