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2020 ] SEARCHES, SEIZURE AND ARREST UNDER CUSTOMS ACT A161

(5) A radiologist before whom any person is brought under sub-
section (4) shall, after screening or X-raying the body of such person, for-
ward his report, together with any X-ray pictures taken by him, to the mag-
istrate without unnecessary delay.
(6) Where on receipt of a report from the proper officer under clause
(a) of sub-section (1) or from a radiologist under sub-section (5) or other-
wise, the magistrate is satisfied that any person has any goods liable to con-
fiscation secreted inside his body, he may direct that suitable action for
bringing out such goods be taken on the advice and under the supervision
of a registered medical practitioner and such person shall be bound to
comply with such direction :
Provided that in the case of a female no such action shall be taken ex-
cept on the advice and under the supervision of a female registered medical
practitioner.
(7) Where any person is brought before a magistrate under this sec-
tion, such magistrate may for the purpose of enforcing the provisions of
this section order such person to be kept in such custody and for such
period as he may direct.
(8) Nothing in this section shall apply to any person referred to in
sub-section (1), who admits that goods liable to confiscation are secreted in-
side his body, and who voluntarily submits himself for suitable action be-
ing taken for bringing out such goods.
Explanation. - For the purposes of this section, the expression “regis-
tered medical practitioner” means any person who holds a qualification
granted by an authority specified in the Schedule to the Indian Medical De-
grees Act, 1916 (7 of 1916), or notified under section 3 of that Act, or by an
authority specified in any of the Schedules to the Indian Medical Council
Act, 1956 (102 of 1956).
Section 104. Power to Arrest. - (1) If an officer of Customs empowered in
this behalf by general or special order of the Principal Commissioner of Cus-
toms or Commissioner of Customs has reason to believe that any person has
committed an offence punishable under section 132 or section 133 or section
135 or section 135A or section 136, he may arrest such person and shall, as
soon as may be, inform him of the grounds for such arrest.
(2) Every person arrested under sub-section (1) shall, without unnecessary
delay, be taken to a magistrate.
(3) Where an officer of customs has arrested any person under sub-section
(1), he shall, for the purpose of releasing such person on bail or otherwise,
have the same powers and be subject to the same provisions as the officer-in-
charge of a police-station has and is subject to under the Code of Criminal
Procedure, 1898 (5 of 1898).
(4) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), any offence relating to -
(a) prohibited goods; or
(b) evasion or attempted evasion of duty exceeding fifty lakh ru-
pees; or,
(c) fraudulently availing of or attempting to avail drawback or
any exemption from duty provided under this Act, where the
amount of drawback or exemption from duty exceeds fifty
lakh rupees; or
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