The police cannot arrest and detain a person under Section 54 of the CrPC without providing credible information or evidence to support the suspicion of the person's involvement in a cognizable offense.

Goswami, C.J. :- This application is from jail by the petitioner who was arrested on 29-9-70 at Silchar town. The report to the Magistrate is in the following terms and we would like to quote the same in extenso :

"To The S.D.M. (Ex) Silchar Court Through the P.I. Silchar Court. Ref. :- Arrest u/s. 54 Cr.P.C. of Silchar P.S. Sir,

I have the honour to forward herewith the following accused person into custody who has been arrested u/s. 54 Cr.P.C. with a view to take up a cognizable case. He was brought to the P.S. by one Khiang Thuazua C/o. M. Hav. Clerk 6th A.P. Battalion Silchar who is found loitering in Silchar Town in a very suspicious manner. On questioning he has no (sic) any ostensible means of substances (sic) of livelihood and he could not gave satisfactory account of himself. He himself said that he has been convicted as a deserter from Assam Rifles and he has been released from Silchar Jail in the month of January last 1970.

I therefore pray that he may be remanded to jail custody till 14-9-70 (sic) to complete the enquiry. Name of accd. 1. Zakimlova s/o L. Dawna village Sesawng P.S. Aijal Mizo District,

Yours Faithfully,

Sd/-

O/c. Silchar P.S. 30-9-70"

On receipt of this report the learned Magistrate passed the following order on 1-10-70.

"Accd. Zakimolva is produced before me under arrest by the Silchar Police for an offence u/s. 54 Cr.P.C. to prosecute under the cognizable offence. He is remanded to hajot till 15-10-70."

Then there are series of remand orders by the Magistrate without any more information from the police as to the allegation for which the accused was detained or was sought to be detained. The last order in the order-sheet is dated 28-6-71, which is as follows :-

"Accused is produced today from jail custody. He is further remanded to hajat till 12-7-71".

It appears that apart from the report, which we have quoted above, no other report whatsoever was sent by the police to the Magistrate. That being the position, we have got to examine whether this detention of he petitioner in jail under successive remand orders from the Magistrate is at all legal.

2. The material portion of Section 54 of the Code of Criminal Procedure which is called in aid by the learned Public prosecutor and under which the report was submitted, may be read :

"54. (1) Any police officer may, without an order from a Magistrate and without a warrant arrest -

First, any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned;

* * * *"

Before the first part of section 54(1) of the Code of Criminal Procedure is invoked, it is necessary that the accused must be concerned in a cognizable offence or there must be a reasonable complaint made against him that he has committed a cognizable offence or there must be some credible information with regard to his committing such offence, and lastly, at least a reasonable suspicion must exist of his being concerned in a cognizable offence. All that the report states is that petitioner is arrested under Section 54 Criminal Procedure Code with a view to take up a cognizable case. This report does no show that the petitioner was concerned in any cognizable offence, or that any information had been received in the police station of his committing any cognizable offence or that there is any reasonable suspicion about his committing such offence. That being the position, the prayer of the police under Section 54 Criminal Procedure Code is not in conformity with the provisions of that section. Even if it may be accepted that on 30-9-70 the police was only arresting him on suspicion, the police could have produced some materials before the Magistrate or some information which was recorded in the Thana agai