Section 116 — CUSTOMS ACT 1967

(a)

any person found committing or attempting to commit, or employing or aiding any person to commit, or abetting the commission of, an offence against this Act or any regulation made thereunder;

(b)

any person whom he may reasonably suspect to have in his possession any uncustomed or prohibited goods or any goods liable to seizure under this Act;

(c)

any person against whom a reasonable suspicion exists that he has been guilty of an offence against this Act or any regulation made thereunder, and may search or cause to be searched, any person so arrested:

Provided that no female shall be searched except by another female with strict regard to decency.

(2)

Every person so arrested shall be taken to a police station or may be detained in the custody of the proper officer of customs.

(3)

The proper officer of customs may take or cause to be taken photographs and finger and thumb impressions of any arrested under subsection (1).

(4)

If any person liable to arrest under this Act is not arrested at the time of committing the offence for which he is so liable, or after arrest makes his escape, he may at any time afterwards be arrested and be dealt with as if he had been arrested at the time of committing such offence.

(5)

Subject to such conditions as the Director General deems fit, every person so arrested may be released from custody―

(a)

on his depositing such reasonable sum of money as the proper officer of customs may require;

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(b)

on his executing a bond, with such surety or sureties, as the proper officer of customs may require; or

(c)

on his depositing such reasonable sum of money as the proper officer of customs may require and his executing a bond, with such surety or sureties, as the proper officer of customs may require.

(6)

Any person who has been released from custody under subsection (5) may be arrested without warrant by any officer of customs—

(a)

if such officer has reasonable grounds for believing that any condition on or subject to which such person was released or otherwise admitted to bail has been or is likely to be breached; or

(b)

on being notified in writing by the surety of such person that such person is likely to breach any condition on or subject to which such person was released and that the surety wishes to be relieved of his obligation as surety.

(7)

Where a person who is arrested for an offence under this Act is serving a sentence of imprisonment or is under detention under any law relating to preventive detention, or is otherwise in lawful custody, he shall, upon an order in writing by a senior officer of customs of or above the rank of Senior Assistant Director, be produced before such officer or before any other senior officer of customs for the purpose of investigation, and for such purpose he may be kept in lawful custody for a period not exceeding fourteen days.

(8)

A person who is detained in lawful custody under subsection (7)

or otherwise under any other written law may—

(a)

at any time be made available to a senior officer of customs for the purpose of investigation; or

(b)

be taken to any other place for the purpose of searching the place, or seizing any goods, or identifying any person for

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any other purposes relating to the investigation under this

Act.

Power to examine persons