Instruction No. 19/2018-Customs Dated 22/11/2018
Performa for submission of Arrest Report and Incident Report-
I am directed to refer to Board's Circular No. 38/2013 dated 17/09/2013 read with Board's Circular No. 28/2015-Customs dated 23.10. 2015 regarding the guidelines for Arrest and Bail in relation to offences punishable under Customs Act, 1962, and to state that arrest reports in terms of para 5_of circular dated 17/09/2013 are received in different formats. Similar is the case in the case of furnishing Incident Reports on Search/Seizure etc. Further, a number of copies of such reports are received in the Board which ultimately get marked down to the Anti-Smuggling Unit/Commissioner (Investigation-Customs) Sections resulting in plug up of papers.
2. To maintain uniformity in reporting and make compilation of such reports
easy, Board has decided to prescribe formats for reporting arrest and other
incidents. Accordingly, all the field formations are instructed that henceforth,
Arrest Report in terms of Para 5 of circular dated 17/09/2013 shall be made in
the proforma given at Annexure I and Incident reports shall be made in the
proforma given at the Annexure II.
3. Further, all such reports shall be sent only by e-mail and the practice of
sending hard copies shall be stopped. A copy of the report shall be marked to
the Commissioner (Inv.-Customs) at mgt.va1avan@nic.in and ranjana.chaudhary@nic.in.
4. The Chief Commissioners/Director General are hereby directed to circulate the
present guidelines to all the formations under their charge. Difficulties., if
any, in implementation of the aforesaid guidelines may be brought to the notice
of the Board.
Enc: As above.
Yours sincerely.
(Ranjana Chaudhary)
Assistant Commissioner
(Investigation-Customs)
(ranjana.chaudhary@gov.in)
Annexure I
(To Board Instruction /20I8)
F.No,
Date:
From: The Principal Chiel/Chief Commissioner of Customs
mj
To:
The Member (Investigation)
CBIC
Intimation of Arrest
(In term of Board's Para 5 of Circular no. 38/2013 dated 17.09.2013)
1. Date of Arrest
:
2. Time of Arrest
:
3. Place of Arrest with address :
4. Name of the person :
5. Dale of Birth
6. S/o, D/o, W/o :
7. Identification Document Type :
8. Identity Document No.
9. Nationality
: Indian/Other (If other, specify)
10. Offence Committed
: Outright Smuggling/Commercial Fraud
11. Details of the offence : (Not more than 50 words)
12. Whether any seizure made,
: (Yes/No)
13. If yes, specify :
Signature
Name of the Chief
Commissioner/Director General
Copy to:
Member ( Incharge of the Zone)
Annexure II
(To Board Instruction
/20I8
F.No, Date:
From:
To:
Member (Investigation)
CBIC
INCIDENT REPORT
1.Date
2.Case Details (Outright Smuggling/Seizure)
a. Direction
:
Inward/Outward
b. Item Seized Gold. Narcotics/
:
FlCN/Wildlife/Flora/Fauna/ODS/IPR/Others( Specify)
c. Quantity seized(Standard unit
:
quantities such as kg, L or m shall
be used, in case of cigarettes. The
quantity in number of sticks shall
be used, in other cases Numbers
shall be used.)
d. Value of the good seized(ln the
:
case of Narcotics Local Market
value shall be used, in the case of
FJCN. the face value shall be
indicated)
e. Place of seizure
:
f. Smuggled through
:
Air/Sea
g. Customs Area
:
PortTCD/CFS/Courier
Terminal/Baggage/Town
h. Origin
:
Country :
Port/Ariport:
i. Details of Person (s) involved
:
Name:
Nationality:
Identification Document:
Document
Number:
j. Modus operandi (not more than
:
50 words)
3. Case Details (Commercial frauds)
a. Direction
:
Import/Export
b. Broad category of evasion
:
Undervaluation/ Misdeclaration /Misuse of DEEC/Advance Licence
Scheme/ /Misuse of EPCG
Scheme/Misuse of EOU/EPZ/SEZ
Scheme/Misuse of end use
and others notifieation/Others(Specify)
c. Duty Involved
:
d. Duty recovered (if any)
e. Commodity Group (s)
:
f. Importer details : Name:
IEC:
g. Any Seizure involved Yes/No
h. if yes, details of seizure(not more
than 50 words)
i Modus operandi (not more :
than 50 words)
4. Any other remarks :
Signature
Name of the Chief Commissioner/
Director General
Copy to:
Member (In charge of the Zone)
1. Refer vide: Instruction No. 21/2021-Customs Dated 05/10/2021
2. Refer vide: Instruction No. 02/2024-Customs Dated 15.02.2024