Recent Topic

10/recent/ticker-posts

HOW NCB ARREST & TAKES PRECAUTIONS DURING CUSTODY OF ARRESTEE?

HOW NCB DONE ARREST, ACTIONS AND PRECAUTIONS DURING CUSTODY OF ARRESTEE?


Due to Shushant Singh Rajputs Death mystery, Narcotics Control Bureau is the central point of the media and common people,  as we read in the previous article about the examination & recording of the person by NCB, in this article we will focus on hoe NCB arrests person and which precautions they do during custody of arrestee.

Section 37 (a) of the Narcotics Drugs and Psychotropic substances act,1985 (NDPS Act) stipulates that every offence punishable under this Act shall be cognizable. The Drug Law Enforcement Officer (DLEO) should arrest a person after establishing, prima facie, on the basis of recovery and seizures, statement made by him and other persons and other evidence documentary or otherwise available that he has committed an offence punishable under the NDPS Act. He should prepare a written Arrest Memo stating the grounds of his arrest, date and time of arrest and inform the arrestee of the grounds of his arrest.
Guidelines:
The DLEO should comply with the guidelines set forth by the Supreme Court of India in the case of D.K. Basu Vs State of West Bengal, the highlights of which are as under:
(i)                  Officers interrogating the arrestee must bear their ID and name tags with designations and the names should be maintained in a register
(ii)                 The officer carrying out the arrest must prepare a memo at the time of arrest which should be signed by at least one witness who will either be a family member of the arrestee or a respectable citizen of the locality. The arrestee has to countersign the memo which must contain the date and time of his arrest.
(iii)               The arrestee is entitled to have at least one friend or family member interested in his welfare, informed about his arrest and the place of his detention
(iv)               If the arrestee belongs to another district or town, the Legal Aid Organization of that district or the police station of that locality should be informed about the date, time of arrest and place of detention telegraphically within 8-12 hrs after the arrest
(v)                The arrestee should be medically examined at the time of arrest and any major or minor injuries must be recorded in an ‘Inspection Memo’ which must be signed both by the arresting officer and the arrestee.
A copy of the Inspection Memo is to be given to the arrestee. Thereafter, the arrestee must be examined every 48 hrs while he is in custody.
Precaution:
A person, after his arrest, must be produced before a Magistrate without unnecessary delay but within 24 hrs of his arrest in accordance with law. The arresting officer who has signed the Arrest Memo is deemed to have his custody till his production before the Magistrate. Therefore, he is responsible for the arrestee’s safety and well-being. The arrestee must always be kept in sight and away from places from where he can try to escape or play mischief.

Arrestee’s Belongings:
After the arrest, the DLEO as arresting officer, must thoroughly search the person of the arrestee, take out all things/articles in his possession, list out such things in a Jama Talashi Memo under his signature and that of the arrestee.
If a close friend or relative is available at the time and place of the arrest, these things can be given to such person with the consent of the arrestee and an acknowledgement receipt must be taken from the recipient in the presence of the arrestee who will also sign thereon to prevent disputes in future.
If nobody is available to hand over the same, such articles should be carefully kept in a package, carefully sealed under the signature of the officer and the arrestee and marked as Jama Talashi goods. These are then deposited in the Malkhana to be returned to the arrestee on demand later.
If the DLEO being the arresting officer has to go out on some other official duty, then he must hand over the arrestee to another officer under written instructions of a superior officer and a written instrument of handing over and taking over the arrestee signed by both the officers–both while handing over and receiving.
Foreign National:
In case of arrest of a foreign national, the DLEO is also required to send the arrest details to the following:
(i)                  The Joint Secretary, CPV Division, MEA, Patiala House, New Delhi
(ii)                 Ministry of Home Affairs, Foreigners Division, No. 26 Man Singh Road, Jaisalmer House, New Delhi.

Related Article - 

(source of information - NCB field officers handbook)

You can also buy our 1000+ Available Ebooks and Law Notes Ebooks, see the list below the form (the updated list will be coming soon).

For Inquiry and Free Demo Access, Send Your Inquiry - 

(discount applicable only for students and practicing advocates*)

See the old list of ebooks (an updated list is coming soon)

Every Law Aspirant Should Read These 10 Books for Better Future as a Lawyer

 

Related Article - 

1) Every Law Aspirant Should Read These 10 Books for Better Future as a Lawyer

2) List of Cases of Supreme Court of India, 2011

3) Important Judgements on Bail by Supreme Court, and All Other Subordinate High Courts

 Compilation of Landmark Judgements of SC on Family Matters.

4) Compilation of Landmark Judgements of Highcourt's on Family Matters.

5) Over 600 Judgements of Criminal Law

6) Important Judgements on CPC, Cr.PC, DV, IPC & HMA

7) 35 Judgements That Amplify CPC

8) Evidence Law Judgements

9) Trial Procedure in Criminal Law 

10) Stages of Civil Suit

11) CrPC Important Judgements 

THANK YOU


Post a Comment

0 Comments

'; (function() { var dsq = document.createElement('script'); dsq.type = 'text/javascript'; dsq.async = true; dsq.src = '//' + disqus_shortname + '.disqus.com/embed.js'; (document.getElementsByTagName('head')[0] || document.getElementsByTagName('body')[0]).appendChild(dsq); })();