ISLAMABAD: The Federal Board of Revenue (FBR) has given extensive powers to the Pakistan Coast Guards (PCG) and Pakistan Maritime Security Agency (PMSA) to search and arrest suspected smugglers without warrant from the magistrates.
The FBR has granted anti-smuggling powers to the law enforcement agencies under three notifications issued on Tuesday. The powers of the PCG and PMSA have been considerably enhanced through new notifications.
Under section 163 (power to search and arrest without warrant) of the Customs Act, the officials would be arrested without warrant any person concerned in such offence or against whom reasonable suspicion exists that he is about to be concerned in such offence. The officials can enter and search without warrant any premises to make an arrest or seize any goods.
Four ‘essential’ commodities: Customs given legal backing to take action against smuggling
According to the notifications, officials of the PCG and the PMSA have been empowered to confiscate any goods liable to confiscation under section 157 of the Customs Act 1969.
The said officials have also been empowered to screen or X-Ray bodies of suspected persons for detecting secreted goods. Any officer of PCG and the PMSA authorized in this behalf who has reason to believe that any person has committed an offence under Customs Act may arrest such person.
The appropriate officer, if he has reason to believe that any person is carrying about himself goods liable to confiscation or any documents relating thereto, may search such person, if he has landed from or is on board or is about to board a vessel within the Pakistan customs waters.
Under S.R.O. 901(I)/2023 issued by the FBR, the Board has entrusted the officers of the Pakistan Rangers, Frontier Corps [Balochistan (North/South) and Khyber Pakhtunkhwa (North/South), (Law Enforcement Agencies) operating within their respective jurisdictions, the functions of officers of Customs with immediate effect.
This is subject to the conditions that for goods other than notified essential commodities, the functions shall be performed within fifty kilometers of the international borders, but excluding the city municipal limits, customs areas, customs stations, ports, borders customs stations, international airports and bonded warehouses etc.
For prevention of smuggling of essential commodities notified under sub-clause (iv) of clause (s) of section 2 of the Customs Act, 1969 (IV of 1969), such functions shall be performed in the bordering districts of Balochistan adjoining Afghanistan including within city municipal limits and on the following highways in the province of Balochistan.
Under SR0 903(I)/2023, the FBR had entrust functions of officers of Customs under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168 and sections 169 and 171 of the Customs Act to all officers of the Pakistan Coast Guards (PCG) not below the rank of Junior Commissioned Officer within their respective jurisdiction.
Under SRO 902(I)/2023 of the FBR, the Board has entrusted functions of officers of Customs under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168 and sections 169 and 171 of the Customs Act to all officers of the Pakistan Maritime Security Agency (PMSA) not below the rank of Fleet Petty Officer within their respective jurisdiction. This is subject to the condtion that they shall exercise due care and ensure that while performing these functions, the personnel of the PMSA do not obstruct the flow of legitimate goods of trade, imports and exports, and the general public.
The personnel of PMSA shall provide assistance to officers of Customs in the discharge of their functions in terms of section 7 of the Customs Act, 1969; the goods seized, on suspicion of being smuggled or intended to be smuggled, shall be deposited only in a State Warehouse duly approved by the Collector of Customs, notification added.
Copyright Business Recorder, 2023
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