Custody of offenders.
59.(1) Any person
subject to this Act who is charged with an offence may be taken into
Coast Guard custody under the order of any superior officer.
(2) Notwithstanding anything contained in sub-section (1), an officer
may order into Coast Guard custody any other officer engaged in a
quarrel, affray or disorder, though such other officer may be of a
Commanding Officer in regard to detention.
60.(1) It shall be
the duty of every Commanding Officer to take care that a person under
his command when charged with an offence is not detained in custody
for more than forty-eight hours after the committal of such person
into custody is reported to him, without the charge being
investigated, unless investigation within that period seems to him to
be impracticable having regard to the public service.
(2) The case of every person being detained in custody beyond a period
of forty-eight hours, and the reasons therefor, shall be reported by
the Commanding Officer to the Deputy Inspector-General under whom he
is serving or such other officer to whom an application may be made to
convene a Coast Guard Court for the trial of the person charged.
(3) In reckoning the period of forty-eight hours specified in
sub-section (1), Sundays and other public holidays shall be excluded.
(4) Subject to the provisions of this Act, the Central Government may
make rules providing for the manner in which and the period for which
any person subject to this Act may be taken into and detained in Coast
Guard custody, pending the trial by any competent authority for any
offence committed by him.
person subject to this Act, who is accused of an offence under this
Act, is within the jurisdiction of any Magistrate or police officer
such Magistrate or police officer shall aid in the apprehension and
delivery to Coast Guard custody of such person upon receipt of a
written application to that effect signed by his Commanding Officer or
an officer authorised by the Commanding Officer in that behalf.
62.(1) Whenever any person subject to this Act
deserts, the Commanding Officer of the unit or ship to which he
belongs, shall give information of the desertion to such civil
authorities as, in his opinion, may be able to afford assistance
towards the capture of the deserter; and such authorities shall
thereupon take steps for the apprehension of the said deserter in like
manner as if he was a person for whose apprehension a warrant had been
issued by a Magistrate, and shall deliver the deserter, when
apprehended, into Coast Guard custody.
(2) Any police officer may arrest without warrant any person
reasonably believed to be subject to this Act, and to be a deserter or
to be travelling without authority, and shall bring him without delay
before the nearest Magistrate, to be dealt with according to law.
Coast Guard police officers.
Director-General or any
prescribed officer may appoint persons for
discharging the functions specified in sub-section (2) and (3).
(2) The duties of a person appointed under sub-section (1), are to
take charge of persons confined for any offence, to preserve good
order and discipline and to prevent breaches of the same by persons
serving in, or attached to, the Coast Guard.
(3) Notwithstanding anything contained in
a person appointed under sub-section(1) may, at any time, arrest and
detain for trial any person subject to this Act who commits, or is
charged with, an offence, and may also carry into effect any
punishment to be inflicted in pursuance of a sentence awarded by a
Coast Guard Court or by an officer exercising authority under
but shall not inflict any punishment on his own authority;
Provided that no officer shall be so arrested
or detained otherwise than on the order of another officer.