Powers of Pakistan Customs Officials to Search Persons

Powers of Pakistan Customs Officials to Search Persons

Karachi, January 23, 2024 – In a significant development, the Customs Act of 1969 in Pakistan has undergone revisions granting expanded powers to Pakistan Customs officials for the purpose of searching individuals and goods suspected to be carrying prohibited items.

The updated legislation, applicable for the tax year 2024, reflects the government’s commitment to enforcing stringent measures to curb illicit trade and safeguard national security.

According to the amended Customs Act, 1969, the customs appropriate officer is now authorized to conduct searches if there is reasonable suspicion that an individual is carrying goods liable to confiscation or any related documents. This authority extends to situations where the person has either arrived from or is on board, or is in the process of boarding a vessel within the Pakistan customs-waters. It also covers individuals who have disembarked from, are in the process of boarding, or are already in any other conveyance arriving in or departing from Pakistan. Furthermore, the Customs officials have the right to search individuals entering or leaving Pakistan or those within the confines of any customs area.

The provisions of subsection (1) emphasize the preventive measures taken by Customs officials to intercept and confiscate goods that may be in violation of customs regulations. The comprehensive scope of the authority granted under the updated act underscores the government’s commitment to ensuring the effective enforcement of customs laws across various scenarios.

Additionally, subsection (2) of the amended Customs Act provides further clarity on the specific circumstances under which a person may be searched. Customs officials are empowered to conduct a search if there is a reasonable belief that an individual is in possession of smuggled Platinum, any radioactive mineral, gold, silver, precious stones, manufactures of Platinum, any radioactive mineral, gold, silver, precious stones, currency, or any other goods specified by the Federal Government through official Gazette notification. This provision allows the Customs officials to adapt their search efforts to the evolving landscape of illicit trade, keeping pace with emerging challenges.

The broadening of search powers is a strategic move by the Pakistani government to fortify its stance against smuggling and the illegal movement of goods across borders. By enabling Customs officials to take proactive measures based on reasonable suspicion, the legislation seeks to create a deterrent effect and enhance the effectiveness of customs enforcement operations.

While these enhanced powers are critical for maintaining the integrity of customs procedures, it is equally important for the authorities to strike a balance between security measures and safeguarding individual rights. As Customs officials exercise their expanded search authority, it is imperative to ensure that the procedures are carried out with due diligence and respect for the rights of the individuals involved.

The updated Customs Act, 1969, grants enhanced search powers to Pakistan Customs officials, signaling a robust approach to tackle illicit trade and uphold national security. As these measures come into effect, stakeholders will closely monitor their impact on customs enforcement, hoping for a more secure and regulated trade environment in Pakistan.