International Customs Day 2025: Messages from Amanullah Tareen Additional Collector Customs

TEXT: The 2025 theme for International Customs Day set forth by World Customs Organization (WCO), "Customs Delivering on Efficiency, Security, and Prosperity," underscores the indispensable role Customs organizations play in fostering global trade while ensuring safety and economic growth. This year’s theme zeroes in on the imperative for optimized customs procedures to streamline trade (efficiency), ramp up security by curbing illegal activities and protecting borders (security), and foster economic growth by cultivating smooth and fair trade flows (prosperity). Security in customs operations constitutes the linchpin of safe and reliable trade, guaranteeing goods are on the move without falling into the hands of smugglers, counterfeiters, or the traffickers of hazardous commodities. Pakistan Customs harnesses sophisticated risk assessment systems, rigorous physical inspections, and intelligence-sharing networks at Sea Ports, Border Stations and Airports to protect national borders. Smuggling, however, persists through little-known routes along the international borders of Iran and Afghanistan. To clamp down on smuggling, FBR has put in place robust anti-smuggling strategy, part of its Transformation Plan, focused on fortifying inland check-posts. As a result, the flow of smuggled goods from Baluchistan to other parts of the Country has been effectively choked off with notable reduction seen in quantum of smuggling during the current fiscal year. FBR’s anti-smuggling efforts can be taken up a notch with the implementation of preventive detention for smugglers.. This unconventional measure would act as a powerful deterrent, offering a cost-effective tool to rein in the pernicious activities of habitual smugglers.

The Prevention of Smuggling Act 1977, in its Chapter 2, lays down the provisions regarding preventive detention, which authorizes both the Federal and Provincial Governments to detain an individual if they suspect that the person is likely to indulge in smuggling. The detention order is passed in writing by the Federal/Provincial Government and directed towards a police officer or any other person who is authorized to arrest the suspect person. If a police officer receives credible information that a person, subject to an order of arrest and detention, is within their jurisdiction, the officer may arrest the person without a warrant. The arrested individual will then be placed in custody as outlined in sub-section (5) of section 3. Alternatively, if a requisition is made by the police officer or any other person to whom the detention order has been addressed, the arrested person shall be handed over to the custody of that police officer or individual for execution of the order.

In order to ensure that preventive detention aligns with the right to fair trial and due process under Article 10-A of the Constitution and to provide safeguards to every person against arbitrary arrest or detention under Article 10 of the Constitution, PSA 1977 has laid down the procedure of preventive detention in accordance with Article 10 of the Constitution. For instance, the PSA requires the government to provide the detained person with the grounds for their detention within fifteen (15) days, as per Section 3(6), in line with Article 10(5) of the Constitution. It also grants the detained person the right to make a representation against the detention order under Section 3(6), and provides for a review of the detention order by an independent Review Board under Section 5 of the PSA, in accordance with Article 10(4) of the Constitution.

The Customs Act, 1969 and the Prevention of Smuggling Act, 1977 need to be aligned and harmonized to ensure consistency between the two statutes. First, definition of smuggling under Clause (f) of Section 2(1) of the Prevention of Smuggling Act, 1977 may be amended by omitting the words 'but, in chapter II, relates only to the taking of goods out of Pakistan'. This change will enable the provisions of chapter II to apply to all kinds of smuggling, whether goods being taken out of, or brought into, Pakistan. Second, the powers of preventive detention under Chapter II of the Prevention of Smuggling Act, 1977 are required to be delegated to the Collectors Customs Enforcement within their respective jurisdictions by amending Section 7 of Act ibid. This delegation of power by Federal Government to field officers (Collectors Enforcement) will activate the instrument of preventive detention and is expected to create credible deterrence against smugglers.

Article 10 (4) of the Constitution provides that those, “acting in a manner prejudicial to the integrity, security or defense of Pakistan or any part thereof, or external affairs of Pakistan, or public order, or the maintenance of supplies or services” may be preventively detained. Section 5(4) of the Prevention of Smuggling Act, 1977 has declared smuggling as an anti-national activity for the purpose of proviso to Clause (7) of Article 10 of 1973 Constitution. The implication is obvious: preventive detention of suspected smugglers can last for more than 12 months.

Preventive detention is an exceptional measure which is employed in emergency situations when the conventional law enforcement mechanisms are deemed inadequate to frustrate the nefarious activities of smugglers. The powers of preventive detention have been vested in Deputy Commissioners of Districts vide Maintenance of Public Order Ordinance 1960 of respective Provinces. These powers are invoked by DCs in extraordinary circumstances. Interestingly smuggling has been defined as an act prejudicial to maintenance of public order under Section 3 (ii) of the Punjab Maintenance of Public Order Ordinance 1960 thereby empowering Deputy Commissioners of Districts to detain suspected smugglers under Section 3 of MPO Ordinance, 1960 for the offence of smuggling. The anomaly in the current scheme of laws is patently awkward: Deputy Commissioner of a District, a BS-18/19 officer, can detain a suspect person for various offences including the offence of smuggling for a period of three months but Collector Customs Enforcement (BS-20) of Pakistan Customs—premier anti-smuggling agency of the country— cannot detain such suspect smuggler.

The Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 (COFEPOSA Act) in India is identical to Prevention of Smuggling Act, 1977 in Pakistan. Unlike PSA, 1977 in Pakistan, COFEPOSA Act is fully operational and updated. Under COFEPOSA Act both central and state governments are empowered in India to detain a person including a foreigner if it is satisfied that it is necessary to do so with a view to preventing him from smuggling goods, or abetting the smuggling of goods, or engaging in transporting or concealing or keeping smuggled goods or harbouring persons engaged in smuggling goods or in abetting the smuggling of goods.

The primary legislation governing preventive detention in Bangladesh is the Special Powers Act, 1974. District Magistrate and Additional District Magistrate are empowered to make detention orders under Section 3(2) of the Special Powers Act, 1974 on various grounds including actions which prejudice the maintenance of supplies and services essential to the community or which prejudice the economic or financial interests of the State.

Preventive detention acts as a powerful deterrent for smugglers by restricting their movement across the country. The imminent threat of detention discourages smugglers from carrying out illegal activities as it entails immediate consequences. It ensures seamless enforcement as the detaining authority can issue a detention order and delegate its execution to Customs, police, or any other authorized officer. The detention process sidesteps the delays typically associated with traditional criminal proceedings. Unlike protracted criminal cases entangled in complex litigation, preventive detention provides a quicker, more cost-effective alternative. It skips over the need for formal trials, making it a more efficient solution for dealing with smuggling. Preventive detention tightens the grip on habitual smugglers, leaving them with fewer avenues to escape through the judicial system. Due to its stringent nature, smugglers are unlikely to gain relief from the courts, ensuring their prolonged detention. Given the limited resources of Pakistan Customs, preventive detention is a resource-efficient measure. Once the detention order is handed down by the concerned Collector Customs Enforcement, it can be carried out by police officers, who have a nationwide presence, thus relieving Customs authorities of some of their operational burden.

Copyright Business Recorder, 2025