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October 6, 2021

CBIC instruction on Submission of Intimation of Arrest Report under Customs

by CA Shivam Jaiswal in GST

CBIC instruction on Submission of Intimation of Arrest Report under Customs

Instruction No. 21/2021-Customs


Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs
(Investigation – Customs)

10th Floor, Tower-2, Jeevan Bharti Building,
Parliament Street, New Delhi-110001.
Email: inv-customs@gov.in
Tel. 011-21400625
Dated: 05/10/2021

To,

The Pr. Director General- DGRI,
All Pr. Chief Commissioners/ Chief Commissioners of Customs/ Customs (Preventive),
All Pr. Chief Commissioners/ Chief Commissioners of Customs & Central Excise.

Madam/ Sir,

Sub: Submission of Intimation of Arrest Report & Incident Report- reg.

I am directed to refer to the Board’s Circular No. 38/2013 dated 17.09.2013 read with CBIC Circular No. 28/2015 dated 23.10.2015 regarding the guidelines for Arrest and Bail in relation to offenses punishable under Customs Act, 1962, and Board’s Instruction No. 19/2018 dated 22.11.2018. The Circular No. 38/2013 instructs inter-alia that (para 5 ibid): “Chief Commissioners/DGRI shall send a report on every arrest to the concerned Member within twenty-four (24) hours of the arrest. To maintain an All India record of arrests made under the Customs Act, 1962, a monthly report of all persons arrested in the Zone shall be sent by the Chief Commissioner to DRI (Hqrs) in the format prescribed and enclosed, by the 5th of the succeeding month and the same would be compiled and sent to Anti-Smuggling Unit, CBEC by 10th of every month zone wise.” The Instruction No. 19/2018 dated 22.11.2018 prescribed the format for reporting arrests. It is noticed that many a time arrest reports are not submitted within the stipulated time and in the format prescribed. Also, the arrests made by the formations are not intimated to the Member (Investigation).

2. In this regard, I am directed to convey/reiterate

i. Besides intimating to the Zonal Member concerned, arrest reports shall also be intimated to the Member (Investigation). Further, I am directed to reiterate that:

ii. A monthly report of all persons arrested in the Zone shall be sent by the Chief Commissioner to the Principal Director General/ Director General of Revenue Intelligence in the format prescribed, by the 5th of the succeeding month.

iii. The monthly reports received from the formations shall be compiled by Directorate General of Revenue Intelligence (HQ) and a compiled report shall be sent to the O/o the Commissioner (Investigation-Customs), CBIC by 10th of every month Zone wise.

iv. All the arrests made, shall be intimated to the Board within the stipulated time in the prescribed format.

v. All such reports shall be sent only by e-mail and the practice of sending hard copies to the Board should be stopped with immediate effect.

Yours Sincerely,

(Dr. Raji N.S.)
Deputy Commissioner (Inv- Cus)
CBIC, New Delhi

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