Section 103(K) - Amendment of Act 32 of 1994 - Insertion of Section 90 and 91 - Finance Act, 2013

103. In the Finance Act, 1994, . . ( K ) after section 89, the following sections shall be inserted, namely: Cognizance of offences 90.( 1 ) An offence under clause ( ii ) of sub-section ( 1 ) of section 89 shall be cognizable. ( 2 ) Notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974), all offences, except the offences specified in sub-section ( 1 ), shall be non-cognizable and bailable. Power to arrest 91. ( 1 ) If the Commissioner of Central Excise has reason to believe that any person has committed an offence specified in clause ( i ) or clause ( ii ) of sub-section ( 1 ) of section 89, he may, by general or special order, authorise any officer of Central Excise, not below the rank of Superintendent of Central Excise, to arrest such person. ( 2 ) Where a person is arrested for any cognizable offence, every officer authorised to arrest a person shall, inform such person of the grounds of arrest and produce him before a magistrate within twenty-four hours. ( 3 ) In the case of a non-cognizable and bailable offence, the Assistant Commissioner, or the Deputy Commissioner, as the case may be, shall, for the purpose of releasing an arrested person on bail or otherwise, have the same powers and be subject to the same provisions as an officer in charge of a police station has, and is subject to, under section 436 of the Code of Criminal Procedure, 1973. (2 of 1974), ( 4 ) All arrests under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to arrests. ;