104. [ Power to arrest. [ Substituted by Act 29 of 2006, Section 24, for sub-Section (1) (w.e.f. 13.7.2006).]
(1)If an officer of Customs empowered in this behalf by general or special order of the Commissioner of Customs has reason to believe that any person in India or within the Indian customs waters has committed an offence punishable under section 132 or section 133 or section 135 or section 135-A or section 136, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.](2)Every person arrested under sub-section (1) shall, without un-necessary delay, be taken to a magistrate.(3)Where an officer of customs has arrested any person under sub-section (1), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police-station has and is subject to under the Code of [Criminal Procedure, 1898 (5 of 1898)] [ Now see the Code of Criminal Procedure, 1973 (2 of 1974).].(4)Notwithstanding anything contained in the Code of [Criminal Procedure, 1898 (5 of 1898)] [ Now see the Code of Criminal Procedure, 1973 (2 of 1974).], an offence under this Act shall not be cognizable.
