18 Section 202 of the M.V. Act, provides for arrest of the offender committing an offence punishable under Section 184 or 185 or 197 of the M.V. Act. It reads as under :
202. Power to arrest without warrant.
(1) A police officer in uniform may arrest without warrant any person who in his presence commits an offence punishable under Section 184 or Section 185 or Section 197:
Provided that any person so arrested in connection with an offence punishable under Section 185 shall, within two hours of his arrest, be subjected to a medical examination referred to in Sections 203 and 204 by a registered medical practitioner failing which he shall be released from custody.
20 It is clear that the power to arrest for an offence punishable u/s.185 of the M.V. Act conferred on a police officer is not unqualified. It can be exercised only if two conditions are fulfilled viz :
(i) the offence must have been committed in the presence of the police officer.
(ii) when such police officer must be in uniform at that time. (www.vakilsaheb.org)
The question is whether the power to arrest for an offence u/s.185 of the M.V. Act given to a police officer would make the said Tilak This Order is modified/corrected by Speaking to Minutes Order 18 Cr.WP 1849-10 offence cognizable, as defined in clause (c) of section 2 of the Code, irrespective of the fact that such power can be exercised only under certain circumstances. In my opinion, the answer has to be in the negative. If the offence u/s.185 of the M.V. Act is to be treated as cognizable on the basis of such limited and circumscribed power to arrest for such offence, then it would result into anomalous situations.