Customs Amends
Circular for Quick Prosecution of Foreign Nationals after Adjudication in
Smuggling Cases
[CBIC Circular
No. 12/2019-Customs dated 24
May 2019]
Sub: Guidelines for launching of Prosecution in relation to offences
punishable under the Customs Act, 1962
I am directed to refer to the
Prosecution Guidelines issued vide Board's Circular
No. 27/2015-Customs dated 23.10.2015 on
the above mentioned subject and the subsequent amendments vide Circular No. 46/2016 dated 04.10.2016 and
Circular No. 07/2017 dated 06.03.2017.
2. It was brought to the notice of the Board
that there has been a steep
rise in the cases of outright
smuggling of gold and foreign
currency by foreign nationals and these accused persons have no interest/ assets in India; and once released
on bail, they are not available to face trial. Therefore, service
of Show Cause Notice (SCN)
to these foreigners also becomes
difficult. Accordingly, it was suggested
that 'foreign currency'
may be added in the list of items mentioned
in Para 6 of the Circular
dated 23.10.2015 as amended, and where the case relates
to foreign nationals, it may be allowed to launch prosecution within 60 days.
3. Board has examined
the matter. Accordingly, it has been decided to substitute
Para 6 of the aforesaid
Circular with the following, namely,-
"6. Stage for launching of Prosecution: Normally, prosecution may be launched immediately on completion of adjudication proceedings. However, in respect
of cases involving offences
relating to items, viz.
Gold, Foreign Currency, Fake Indian Currency
Notes (FICN), arms,
ammunitions and explosives,
antiques, art treasures, wild life items and endangered species of flora and fauna, prosecution may preferably be launched
immediately after issuance
of Show Cause Notice under the
Customs Act, 1962. Further, in cases
involving Foreign National(s), prosecution may be launched
at the earliest, even before issuance of the
Show Cause Notice."
4. The Principal Chief Commissioners/ Chief Commissioners, Principal Director Generals/ Director Generals
and the Principal Commissioners/ Commissioners are hereby, requested to circulate the present amendment to the existing Prosecution Guidelines to all the formations
under their charge. Difficulties, if any, in implementation of the aforesaid Guidelines
may be brought to notice of the Board.
F. No. 394/68/2013-Commr (lnv.-Cus.) Pt.