section 8
Arrest without warrant for offences under the Act
The Nagaland Fisheries Act, 1980(i) Any Fishery officer, Police officer not below the rank of a Sub-Inspector or any other person, specially empowered by the State Government in the behalf may arrest without warrant any person committing or attempting to commit, in his view a fishing offence : — (a) if the name and address of the person are not known to him and (b) if the person declines to give his name and address if there is reason to doubt the accuracy of the name and address, if given. (ii) A person arrested under this section may be detained until his name and address have been correctly ascertained: Provided that no person arrested shall, be detained longer than may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (iii) Every Fishary officer shall have the same powers of search and investigation relating to fishing offence as a Police officer of the rank of Sub-Inspector has under the code of Criminal Procedure 1973 (Act 2 of 1974). (a) to accept from anyperson concerning whom evidence exists which if unrebutted, would prove that he has committed any first column of the Schedule, a sum of money by way of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer, such person, if in custody shall be released and no further proceedings shall be taken against him.
(b) to release any property that has been seized as liable to confiscation without further payment or on payment the value thereof as estimated by such officer and on the payment of such value, such property shall be released and no further proceedings shall be taken in respect thereof : —
(ii) The sum of money accepted as compensation under Clause (a) Sub-section (1) shall in no case exceed the amount acceptable as compensation in the second column of the Schedule for the particular offence described in the first column thereof.
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