'Gutka' declared as highly smuggling-prone item

The government has declared 'Gutka' (all brands and origin) as highly smuggling-prone items liable to strict prosecution on confiscation under the Customs Act, 1969. In this connection, the FBR has amended SRO 566(I)/2006 through SRO.36(I)/2011 issued here on Friday.
The FBR has expanded the list of highly smuggling-prone items encompassing 'Gutka' (all brands and origin) along with previously included items like black tea, vegetable ghee/cooking oil, silk fabrics, televisions, soaps/shampoos telephone sets and bicycles, etc.
The government has expanded the list of notified items under section 2 (s) of the Customs Act which will mean that their smuggling into the country or out of the country will be subject to prosecution under relevant provisions of the section 156 of the Customs Act 1969. In case, the notified items under SRO 566(I)/2005 have been confiscated, the owner of these items would be liable to prosecution for committing crime of smuggling.
Sources told Business Recorder here on Friday that the Federal Board of Revenue (FBR) has included Gutka (all brands and origin) in the list of SRO 566(I)/2005. The items already covered under the said notification included dyes and chemicals, PVC/PMC material, black tea (except Op-pekoe), refrigerators, air conditioners, television, soaps/shampoos, polyester metalised films, ball bearing, natural silk, natural silk yarn, natural silk fabrics, vegetable ghee/cooking oil, television sets, DVD/VCD players, microwave ovens, bicycles, hot rolled plates of high harness ballistic protection, safety glass, wireless equipment of any kind, BOP films, raw material for cigarette manufacturing industry (filter road, tipping paper, cigarette paper and Acetate Tow), stainless steel sheets, circles and coils and tin plates and sheets.
SRO 566(I)/2005 contains a list of notified items, which are liable to prosecution in case of confiscation by the customs department as an offence of smuggling. However, the value of such confiscated item should be more than Rs 0.1 million. SRO 566(I)/2005 contains this list of items notified under sub-clause (ii) of clause (s) of section 2 and sub-section (2) of section 156 of the Customs Act, 1969. These provisions of the Customs Act are related to smuggling and punishments for offences. If an item has been specified under section 2(s) of the Customs Act, 1969, it has been declared as highly smuggling prone item.
The items specified in the SRO 566(I)/2005 included mostly banned goods, restricted items and goods where conditional import has been allowed. The present list of such items included auto parts, Acetic anhydride, alcoholic drinks, antiques, arms and ammunition, CFC gas, gold, currency, narcotic/psychotropic substances and many other items notified under SRO 566(I)/2005.
According to FBR, to deter and discourage smuggling of goods related to Afghan transit trade, the board has added more items to the list of notified items under 566(I)/2005. Sources said that once the customs' authorities start prosecution after confiscation of these items, the owner of the goods has to prove that he is not guilty and not involved in smuggling of these goods. In this regard, sources quoted section sub-section (2) of section 156 of the Customs Act, 1969.
It said, "Where any goods specified in clause (s) of section 2 or in a notification issued thereunder are seized under Customs Act in the reasonable belief that an act to defraud the Government of any duty payable thereon or to evade any prohibition or restriction for the time being in force by or under this Act has been committed in respect of such goods, or that there is intent to commit such act, the burden of proving that no such act has been committed or there was no such intent shall be on the person from whose possession the goods were seized".