New Controlled Delivery Regulations for Track and
Trace Movement of Baggage for Nine sensitive goods like Currency, Gold,
Diamonds, Narcotics under DRI Supervision Released
·
Controlled
Delivery (Customs) Regulations, 2022
·
Form
I to DRI for Controlled Delivery Approved based on Foreign Country Request
·
Form
II for Exclusive Control only to Named Officer
·
Trade
says more obstacles in free movement of goods
1. Short Title and commencement
2. Definitions
3. Manner to undertake controlled
delivery
4. Application to other officers
FORM-I –Report
for Obtaining Approval of the Competent
Authority for Undertaking Controlled Delivery under the Controlled Delivery
(Customs) Regulations, 2022
FORM-II –
Authorisation for Controlled Delivery under Section 109A of the Customs Act, 1962
[Notification No. 59/2022-Customs
(N.T.) dated 12 July 2022]
F.No.
CBIC-50394/34/2021-INV-CUSTOMS-CBEC(E).- In exercise of the powers conferred by
sub- section (1) of section 157 read with section l 09A of the Customs Act,
1962 (52 of 1962), the Central Board of Indirect Taxes and Customs hereby makes
the following regulations, namely:-
1. Short Title and commencement
(1)
These regulations may be called the Controlled Delivery (Customs) Regulations,
2022.
(2)
They shall come into force on the date of their publication in the Official
Gazette.
2. Definitions
(1)
In these regulations, unless the context otherwise requires,
(a)
"Act" means the Customs Act, 1962 (52 of 1962);
(b)
"FORM" means a form annexed to these regulations;
(c) "goods" includes one
or more of the following kind of substances contained in a consignment whether
their nature, quantity or description is correctly declared or not, namely:-
(i) narcotic
drugs, psychotropic substances, precursor chemicals, control led substances or
their substituents;
(ii) gold in all forms,
including its jewellery;
(iii) silver
in all forms, including its jewellery;
(iv) precious and semi- precious stones;
(v) liquor and other intoxicating drinks;
(vi) currency and negotiable instruments including counterfeits;
(vii) cigarettes, tobacco and tobacco products;
(viii) wildlife products; and
(ix) antiques and antiquities;
(d)
"specified authority" means the Principal
Additional Director General or Additional Director General of the Directorate
General of Revenue Intelligence;
(e)
"suspect consignment" means the consignment of the goods referred to
in clause (c) including the baggage of a passenger which is liable to confiscation
under the Act or any other law for the time being in force and in respect of
which controlled delivery is being undertaken under these regulations.
(2)
Words and expressions used in these regulations, and not defined herein, but
defined in the Act shall have the same meaning as assigned to them in the Act.
3. Manner to undertake controlled
delivery
For
the purposes of undertaking controlled deli very under section l 09A of the
Act, -
(1)
The proper officer having a reasonable belief, that a suspect consignment, is
being i m ported into or ex ported out of India, in
the form of the baggage or otherwise, shall file a report in FORM-I proposing
to undertake controlled delivery of such consignment and the report so filed
by the proper officer, shall be put up before the specified authority for
approval of undertaking such controlled delivery.
(2)
The specified authority after due consideration may approve the controlled
delivery of the suspect consignment and authorise the
proper officer to undertake such controlled delivery:
Provided
that in case of controlled delivery to a foreign country, the specified
authority shall approve the controlled delivery under clause (b) of section
109A of the Act in consultation with the competent authority of such country to
which such consignment is destined.
(3)
Upon receiving the approval of the specified authority to undertake controlled
delivery, the proper officer may, if required, affix any mark or install any
special investigative tools, including devices for track-and-trace monitoring
of the suspect consignment, during the course of controlled delivery operation,
without impacting or tampering with the nature of the said consignment as far
as possible.
(4)
The specified authority, while approving the controlled delivery of the suspect
consignment, may also issue a general authorisation in FORM-II, which may be
presented to any other enforcement authority established by law for the time
being in force, under the control of the Government of India or any State
Government or Union territory or a foreign country, as the case may be, on
demand, in case such other enforcement authority intends to take possession of
the suspect consignment, due to infringement of any law for the time being in
force:
Provided
that the specified officer may issue such authorisation in any other form as
may be laid down by the competent authority of a foreign country to which
suspect consignment is destined.
(5)
The proper officer may complete the controlled delivery at a time and place,
where such officer identifies the person reasonably believed to be involved in
the commission of an offence or contravention related to the suspect
consignment.
(6)
The proper officer may terminate the controlled delivery at any time, with the
approval of the specified authority, in those cases where the proper officer
has reasons to believe that there is a likelihood of a grave and imminent
threat to the life of the proper officer herself/ himself or the panchas or any other person:
Provided
that when controlled delivery to a foreign country is undertaken, the specified
authority shall give such approval after due consultation with the competent
authority of such foreign country to which suspect consignment is destined:
Provided
further that where such approval cannot be obtained prior to terminating the
controlled deli very, the approval may be obtained immediately afterwards, but
not later than seventy-two hours of terminating the said controlled delivery.
(7)
In case of the controlled delivery undertaken in respect of a suspect
consignment destined to a foreign country , the controlled delivery shall be
deemed to be,-
(a)
completed under sub-regulation (5); or
(b)
terminated under sub-regulation (6),
at
the time and the place, wherefrom the suspect consignment moves out of the
customs area or the customs port or the customs airport or a land customs
station in India, for a foreign destination:
Provided
that where the controlled delivery is terminated before its completion, the
proper officer shall take such necessary action in regard to the suspect
consignment as would have wan-anted in normal course had these regulations not
been applied to the said suspect consignment.
(8)
Upon completion or termination of the controlled delivery, as the case may be,
the proper officer shall submit a report to the specified authority in that
regard.
(9)
Where the suspect consignment is destined to a foreign country, the specified
authority shall, upon receipt of the report under sub-regulation (8), inform,
the competent authority of such foreign country, of such completion or
termination, as the case may be.
4. Application to other officers
The
manner to undertake controlled delivery specified under these regulations shall
mutatis mutandis be applicable to any
other officer authorised by the proper officer under
section 109A of the Act for undertaking such controlled delivery.
FORM-I
[Sec
regulation 3(1)]
Report for Obtaining Approval of the Competent Authority for Undertaking Controlled Delivery
under the Controlled Delivery (Customs) Regulations, 2022
|
SNo. |
Information Fields |
Particulars |
|
(1) |
(2) |
(3) |
|
1. |
Name of Import/Exporter/Consignee/Passenger |
|
|
2. |
IEC/GST/Passport No. |
|
|
3. |
(a) Bill of Entry No./ Shipping Bill No./ Baggage
Declaration No. |
|
|
|
(b) Bill of Lading/ Airway Bill/ E-way bill |
|
|
|
(c) IGM/ EGM details |
|
|
|
(d) Flight/ Ship/ Vehicle details |
|
|
|
(e) Nature of Packaging/ Package details and Marks
and Nos. and Gross Weight/ Net Weight |
|
|
4. |
Port of Import/ Export along with Port Code/ Port of
Arrival/ Departure |
|
|
5. |
Port of unloading/ loading of the suspect
consignment |
|
|
6. |
Declared Contents of the suspect consignment |
|
|
7. |
(a) Name of Foreign Customs Administration/
International Organisation making the request for Controlled Delivery |
|
|
|
(b) Whether they have requested for association of
their officer(s) with such Operation (Yes/ No) |
|
|
|
(c) Any other relevant details |
|
|
8. |
Details of offence or contravention that appear to
have been committed or likely to be committed under the Customs Act, 1962 |
|
|
9. |
Name of officer undertaking the controlled delivery |
|
|
10. |
Proposed action |
|
Name of the officer
Designation
Date:
Place:
FORM-II
[Sec
regulation 3(4)]
OFFICE OF THE PRINCIPAL ADDITIONAL DIRECTOR
GENERAL/ADDITIONAL DIRECTOR GENERAL OF DIRECTORATE GENERAL OF REVENUE
INTELLIGENCE
AUTHORISATION
FOR CONTROLLED DELIVERY UNDER SECTION 109A OF THE CUSTOMS ACT, 1962
TO
WHOM SO EVER IT MAY CONCERN
A suspect consignment
of goods arrived at/ destined for Customs Port/ Airport/ Land Customs Station,
covered under Bill of Entry No./ Shipping Bill
No./Baggage Declaration No., ____________ having E-way bill No./Bill of Lading No. / Airway
Bill No. ________, being transported in Container No./Package
No. __________ in Vehicle/Vessel/ Aircraft, bearing
Registration No. __________ having Vessel Name/ Voyage Number/Flight Number
__________ or being carried in-person by/ or on the person of Shri/Smt./Ms.
__________ is being allowed as per the provisions of section 109A of the
Customs Act,1962, read with the Controlled Delivery (Customs) Regulations,
2022, issued vide notification no. 59/2022-Customs (N.T.) dated 12.07.2022 (F.No. CBIC-50394/34/2021-INV-CUSTOMS-CBEC). The suspect consignment shall
not be intercepted by any other enforcement agency established by law for the
time being in force under the control of the Government of India or any State
Government or Union territory or a foreign country or any other officer of
Customs, than those who are mandated by the proper officer in this regard. The
name, designation, mobile phone of the officer undertaking the controlled
delivery operation is given hereunder and signatures are attested below.
(Shri/Smt./Ms.___________)
Principal Additional Director
General/Additional Director General,
Directorate General of Revenue
Intelligence, _________
Date:_______
Name of the officer: _______
Designation:_________
Mobile: ___________
Signature ___________and __________
(Shri/Smt./Ms.___________
Principal Additional Director
General/Additional Director General,
Directorate General of Revenue
Intelligence,___________
Date:__________
[F. No.
CBIC-50394/34/2021-INV-CUSTOMS-CBEC]