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Search and arrest by police in a different state

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

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Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not.

Asked from: Uttar Pradesh

Uttarakhand Police have the power to arrest a person in Uttar Pradesh if a competent court has issued a warrant against him. The investigating officer has the power to arrest a person in any part of the country while he is acting under the warrant.

If the police officer has no warrant at the time of arrest then the arrested person can lodge a first information report (FIR) against those Police officers because that arrest is illegal. The supreme court has issued a guidelines for arrest that is mandatory for the investigating officer to follow.

Therefore, you should do some enquiry about the offence and an FIR registered against you. The police officer will produce that arrested person before the court for getting a transit remand. If there is no FIR then the arrested person should oppose the transit remand.

The court will release the arrested person upon furnishing a bond if it satisfies that there is no FIR registered against him. Otherwise the court will allow the transit remand.

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Shivendra Pratap Singh

Advocate (Lucknow)

I offer legal advice and representation in various fields of law, such as Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue and SARFAESI related cases. I have experience in handling complex and challenging cases with diligence and professionalism.

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