Karachi, January 25, 2024 – In a significant development, Customs officers have been granted enhanced powers to arrest offenders under the updated Customs Act, 1969, for the tax year 2024.
The amendment, detailed in Section 161 of the Customs Act, outlines the authority vested in Customs officers to apprehend individuals suspected of committing offenses related to customs regulations.
Section 161 of the Customs Act, 1969, delineates the provisions regarding the power to arrest individuals involved in offenses under the act. According to the updated section:
1. Authority to Arrest: Any officer of customs authorized for this purpose, who reasonably believes that an individual has committed an offense under the Customs Act, may make an arrest. Additionally, any person duly empowered for the prevention of smuggling has the authority to arrest those involved in smuggling offenses under the act.
2. Procedures for Arrest: Once a person is arrested under this act, they must be promptly taken before the nearest authorized officer of customs or, if none is available within a reasonable distance, to the officer-in-charge of the nearest police station.
3. Bail and Detention: The arrested person, when brought before an officer of customs or the officer-in-charge of a police station, is entitled to seek bail. The officer, based on the nature of the offense, can either admit the person to bail for a bailable offense or have them taken into custody for a non-bailable offense. If there is no Special Judge within a reasonable distance, the person may be taken to the nearest Judicial Magistrate within 24 hours of arrest.
4. Inquiry and Powers of Customs Officer: The officer of customs conducting the inquiry shall exercise powers similar to those of an officer-in-charge of a police station under the Code of Criminal Procedure, 1898. If, after the inquiry, the officer finds no sufficient evidence or reasonable grounds for suspicion, the person may be released on bail.
5. Register of Arrests and Detention: The officer of customs empowered to hold inquiries under this section is required to maintain a “Register of Arrests and Detention” in the prescribed form. This register must include details of every person arrested under the act, the time and date of arrest, recovered items, witness names, and the progress of the inquiry.
6. Reporting and Challan Submission: After completing the inquiry, the officer of customs shall submit a report to the Special Judge, similar to the process followed by an officer-in-charge of a police station submitting a challan before a court.
7. Notification of Arrest: The officer of customs or the officer-in-charge of a police station must immediately inform the Special Judge of any arrest made under the specified subsections.
8. Magistrate’s Authority: A Magistrate of the first class is authorized to record statements or confessions during inquiries under this Act, in accordance with the provisions of section 164 of the Code of Criminal Procedure, 1898.
This updated provision in the Customs Act aims to streamline and reinforce the powers of Customs officers in ensuring the enforcement of customs regulations. The comprehensive framework outlined in Section 161 seeks to strike a balance between the rights of individuals and the need for effective law enforcement in matters related to customs offenses. The move is expected to enhance the efficacy of Customs operations in curbing smuggling and ensuring compliance with customs laws.
