Lawstreet Journal

Customs / DRI Officers Power to Arrest Person on the Suspicion of Smuggling Need not Comply with the Provision of Criminal Procedure Code, 1973 for Making Arrest: Gujarat High Court

Lawstreet Journal 23 Sep 2020 6:02pm

Image courtesy: Lawstreet Journal Judiciary Customs / DRI Officers Power to Arrest Person on the Suspicion of Smuggling Need not Comply with the Provision of Criminal Procedure Code, 1973 for Making Arrest: Gujarat High Court

The Gujarat High Court has held that any person who is arrested for any offences under the Customs Act, 1962 by the customs officer and if such officer has reason to believe that such person has committed the offence punishable under Section 132 ( False declaration, false document, etc. ) or Section 133( Obstruction of an officer of customs) or Section 135( Evasion of duty or prohibition) or Section 135A(Preparation) or Section 136 (Offence by officers of Custom) the act, in these circumstances the custom officer is not obliged to follow the guidelines issued by the supreme court in the case of Lalita Kumari v. Government of Uttar Pradesh as regard to the preliminary inquiry. 

A person can be arrested with relation to any cognizable offense alleged to have been committed under the Customs Act ,1962 without following or complying with the provisions of Section 154 to 157 of Code of Criminal Procedure, 1973 (Information to the police and their power to investigate).

The Court said that a Customs officer conducting an inquiry under Section 107 (Power to examine person) or Section 108 (Power to summon person to give evidence and produce documents) of the Customs Act is not a police officer and the person against whom such inquiry is made is not an accused. Custom Officer’s power to arrest a person is statutory in character and ordinarily, it should not be inferred by the Court unless compelling circumstances are made out. The statement is recorded under Section 108 of the Customs… Continue Reading...


Tagged: Gujarat High Court  
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