SUPREME COURT & HIGHCOURT Rulings on POLICE

he is not a police officer in its stricto sensu) on as he reasonable belief that the arrestee"has been guilty of an offence punishable" under the provisions of the special Act issufficient for the Magistrate to take that person into the custody on his being satisfied' ofthe three preliminary conditions, namely, (1) the arresting officer legally competent tomake the arrest; (2) that the particulars of the offence or the accusation for which theperson is arrested or other grounds for such arrest exist and are well-founded; and (3)that the provisions of the special Act in regard to the arrest of the persons and theproduction of the arrestee serve the purpose of S.167(1) of the Code.It cannot be said that either the Officer of Enforcement or the Customs Officers is notempowered with the power of investigation though not with the power of filing a finalreport as in the case of a Police Officer.The word 'investigation’ cannot be limited only to police investigation but on the otherhand, the said word is with wider connotation and flexible so as to include theinvestigation carried on by any agency whether he be a police officer or a person notbeing a police officer under the direction of a Magistrate to make an investigation vestedwith the power of investigation.The expression 'investigation' has been defined in S.2(h). It is an inclusive definition. Itbeing an inclusive definition the ordinary connection of the expression 'investigation'cannot be overlooked. An "investigation" means search for material and facts in order tofind out whether or not an offence has been committed. It does not matter whether itmade by the police officer or a customs officer who intends to lodge a complaint. .The word "investigation' though is not shown in anyone of the sections of the CustomsAct, certain powers enjoyed by the police officer during the investigation are vested onthe specified officer of customs. However, in the FERA the word 'investigation' is usedin various provisions, namely, Section 34, 37, 38 and 40 reading any investigation orproceeding under this Act…." though Iimited in its scope.