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The Protection and Conservation of Fish Act, 1950 (East Bengal Act)

( ACT NO. XVIII OF 1950 )

Arrest without warrant for offence under the Act
6. (1) Any person, specially empowered by the 1[* * *] Government in this behalf, may arrest without warrant any person committing a breach of any rule under section 3 or any prohibition notified 2[under section 4 and 4A respectively]-
 
 
 
 
(a) if the name and address of the person are unknown to him, and
 
 
 
 
(b) if the person declines to give his name and address or if there is reason to doubt the accuracy of the name and address, if given.
 
 
 
 
(2) A person arrested under this section may be detained until his name and address have been correctly ascertained:
 
 
Provided that no person so arrested shall be detained longer than may be necessary for bringing him before a Magistrate or to the nearest police-station according to the provisions of the Code of Criminal Procedure, 1898.
 
 
 
 
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, it will be lawful for the officer-in-charge of a police-station to detain a person produced before him under the preceding sub-section till he is produced before the Magistrate.
 
 
 
 
3[(4) All Fishery Officers empowered by the Government shall have the same powers of search, seizure and investigation in respect of an offence under this Act as a police officer of the rank of Sub-Inspector; and any police officer, shall be destroyed after the lapse of 30 days, if in the meantime no one claims the same or otherwise initiates any other proceeding regarding his lawful claim thereto.]

  • 1
    The word “Provincial” was omitted by section 8 of the Protection and Conservation of Fish (Amendment) Ordinance,1982 (Ordinance No. LV of 1982)
  • 2
    The words and figures “under section 4 and 4A respectively” were substituted for the words “under section 4” by section 7 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)
  • 3
    Sub-section (4) was substituted by section 7 of the Protection and Conservation of Fish (Amendment) Ordinance, 2002 (Ordinance No. XX of 2002)
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