VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION No. 1392 OF 2008 Ehtesham Qutubuddin Siddiqui Petitioner (Through Jail) Vs. The State of Maharashtra Respondent Mr. S. R. Borulkar, PP with P.S. Hingorani, APP, for the Respondent. CORAM : BILAL NAZKI, & A. A. KUMBHAKONI, J. DATE : AUGUST 14, 2008. PC :- 1. This petition has been filed through Jail by an under trial prisoner who is facing trial under section 10, 13 of Unlawful Activities (Prevention) Act, 1967 in connection with CC No.184/PW/2006. The sole ground on the basis of which he wants quashing of the case against him is that he was arrested on 29th September, 2006 under section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 whereas the Anti Terrorist Squad, Mumbai which arrested him had no powers to arrest the petitioner, prior to 31st August, 2006, when a notification to that effect was issued. - 2 - 2. The Public Prosecutor has given written submission that this petition has been filed assuming that a special permission or a special notification is needed by any police officer for effecting arrest of person, suspecting of having committed offence under Unlawful Activities (Prevention) Act, 1967. The offences under section 10 and 13 of the Unlawful Activities (Prevention) Act, 1967 are cognizable offences and any police officer can register the case, investigate it and effect arrest of a person against whom he has reason to believe that such person has committed an offence under the Unlawful Activities (Prevention) Act, 1967. 3. A Notification that has been issued to which a reference has been made by the petitioner is with respect to lodging of persons, accused of offence under the Unlawful Activities (Prevention) Act, 1967. Section 417 read with sub-clause (5) of section 2 of the Cr.P.C. makes it clear that by virtue of this power, government cannot confer any power of arrest or investigation to any police officer but the government can only appoint a place of imprisonment under section 417, and under section 2(5) declare a place to be a - 3 - police station. 3. For these reasons, we do not find merits in the petition, which is accordingly dismissed. Sd/- [ BILAL NAZKI, J.] Sd/- [ A. A. KUMBHAKONI, J.]