Submission of Intimation of Arrest Report & Incident Report


Quick Summary
This instruction reiterates the guidelines for submitting Arrest Reports and Incident Reports for offences under the Customs Act, 1962. It highlights that arrest reports must be submitted to the concerned Zonal Member and the Member (Investigation) promptly. A monthly report of all arrests within a zone needs to be sent to the Director General of Revenue Intelligence by the 5th of the following month, who will then compile and forward it to the Commissioner (Investigation-Customs) by the 10th. All reports must now be submitted via email only, ceasing the practice of sending hard copies.

Instruction No. 21/2021-Customs

No. 394/05/2021-Commr. (Inv-Cus)
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 dated 17.09.2013 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

Copy to:

Webmaster, CBIC (www.cbic.gov.in) for uploading on the website of CBIC under Instructions entry.

FAQ :

This instruction aims to reiterate and ensure the timely submission of Arrest Reports and Incident Reports for offences under the Customs Act, 1962, in the prescribed format.

Arrest reports must be intimated to the concerned Zonal Member and also to the Member (Investigation).

The Chief Commissioner must send a monthly report of all persons arrested in the zone to the Principal Director General/Director General of Revenue Intelligence by the 5th of the succeeding month.

The DGRI (HQ) compiles the monthly reports received from formations and sends a compiled report to the O/o the Commissioner (Investigation-Customs), CBIC by the 10th of every month, zone-wise.

All arrest reports must be sent only by e-mail. The practice of sending hard copies to the Board should be stopped with immediate effect.

This instruction refers to Board's Circular No. 38/2013 dated 17.09.2013, CBIC Circular No. 28/2015 dated 23.10.2015, and Board's Instruction No. 19/2018 dated 22.11.2018.

 

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