This is another judgment from the website of the APCID.
This case, Ashak Hussain Allah Detha Alias Siddique Vs Assistant Collector of Customs Private, Bombay is an important judgment that shows that the police cannot hold a person in detention for the purpose of interrogation.
Here is an excerpt from this very important judgment from the Bombay HC fron 1989.
“8. The Investigating Officers may lawfully detain a suspect for an offence. But detention in custody for interrogation is not authorised by law. The Investigating Officers may detain for an offence only. In an English Case where the Customs Officers detained a person “for helping with their inquiries”, it was held that there was no authority in the Customs Officers to detain a person except for an offence (R. v. Lemsatef – 1976 Indlaw CA 62.
“If the idea is getting around amongst either customs and excise officers or police officers that they can arrest or detain people, as the case may be, for this particular purpose, the sooner they disabuse themselves of that idea the better”
The principle that emerges is this : Any restraint on a person’s liberty except for an offence is illegal. There is no authority in the Investigating Officers to detain a person for the purpose of interrogation or helping them in the enquiry. On this principle it follows that”
Here is the judgment (pdf): Detention In Custody For Interrogation Purposes Unlawful