ultimate analysis need not have been arrested at all".
As on today, arrest with or without warrant depending upon the circumstances of a particular ... more imperative where the arrest is not by a warrant issued by a court, but an arrest without warrant by a police officer. The production
such arrest.
(2) Every officer making an arrest under this
section shall, without unnecessary delay, take or
send the person arrested before a magistrate having ... such arrest.
21. Sri.Ravi Sankar submits that merely because a police officer
has been empowered to arrest without warrant for the offence under
Section
under any other law for the
time being in force, arrest without warrant."
I stated that the Act is silent whether offences punishable under ... warrant for the arrest of such person. But after the
exercise of power for such arrest and causing medical
examination etc, of the person arrested
Section 41 of
the Code of Criminal Procedure, the power to arrest without warrant
is with respect to cognizable offence and other enumerated
categories ... cognizable, the
Customs Officer will have no authority to make arrest without
obtaining a warrant. We do not think that the decision in Om
Prakash
Sanithjan.S vs State Of Kerala on 30 September, 2019
Equivalent citations: AIRONLINE 2019 KER
arrest an offender without a warrant.
Sec.15 states who can conduct a search without a warrant and
when. Sec.15 and the proviso ... arrested. Hence clause (ii) is also not attracted here.
15. Under clause (i) of the proviso to Sec.14 , arrest without
warrant may be made
under any other law for the
time being in force, arrest without warrant;"
Therefore, making the offences under the Sand Act cognizable,
police officers ... will get the power to arrest without warrant.
Chapter XI of Cr.P.C . deals with preventive action to be taken by
police to prevent
said period without the authority of a Magistrate.
7. Under the Cr. P.C., a police officer may arrest without warrant and without an order ... warrant of arrest to be executed by a police officer (Ss. 73 and 74). A police officer may arrest without warrant any person to prevent
concerned in any cognizable offence without an order from a Magistrate and without a warrant. The procedure for arrest and the steps to be taken ... police officer making arrest without warrant shall without unnecessary delay and subject to bail provisions take or send the arrested person before the appropriate Magistrate
blood. Here also arrest can be made
without warrant. But arrest without warrant authorised under
Section 202 of MV Act is in a different situation ... above limit is
detected by breath analysor, a person can be arrested without
warrant under Section 202 of M.V Act. In this case breath