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2017 (8) TMI 1025 - HC - CustomsJurisdiction - power of DRI to arrest a person - case of petitioner is that no formal FIR was lodged in this case and without lodging of FIR, the DRI Officers were not competent to either arrest the petitioner or record the statement under Section 67 of the Act and seize the contraband or proceed in any manner - It is further contended that the powers of an investigating officer is similar to that of a police officer and the NDPS Act specifically makes a provision that the provisions of the Code of Criminal Procedure would apply, meaning thereby that a formal FIR is required to be lodged before proceedings in the case. Held that: - The NDPS Act deals with the two situations, one when the offence is investigated by a police officer and the other when offence is investigated by an officer authorized by the Central Government or State Government in accordance with Section 53 of the Act. The Act further provides that if the matter is investigated by a police officer, the Special Court would take cognizance on submission of a police report but if the matter is investigated by an officer authorized by the Central or State Government, the Special Court would take cognizance upon complaint being filed by such officer. There is no provision whatsoever under the Act directing the officer authorized by the Central or State Government to lodge an FIR, meaning thereby that the officer authorized by the Central or State Government may investigate a matter and after investigation if some case is made out, they can file a complaint straightway before the Special Court. If such complaint discloses commission of offence, the Special Court under Section 36A(1)(d) would take cognizance of the offence. Reliance placed in the case of Kishin S. Loungani v. Union of India, [2017 (1) TMI 1066 - KERALA HIGH COURT], wherein the Kerala High Court was dealing with a case under the Customs Act. Section 104 of the Customs Act gives power of arrest to an officer of Customs. The Court held that registration of FIR is not necessary before arrest. Similarly Section 42 of the NDPS Act empowers the officers authorized by the Central or State Government to enter, search, seize and arrest without warrant or authorization - In the present case in hand also, the Act empowers the officers authorized by the Central or State Government to search, seize and arrest a person and there is no mandatory requirement that a FIR is required to be lodged before proceeding to search, seize or arrest. That being so, the objection that the DRI Officers could not investigate and arrest without lodging of the FIR do not have any force. Petition dismissed - decided against petitioner.
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