ISLAMABAD: With the aim to curb the cross-border smuggling, the Federal Board of Revenue (FBR) delegated the powers to Pakistan Maritime Security Agency (PMSA) and Pakistan Coast Guards (PCG) to searching and arresting smugglers and stop and search sea transport with the authority to confiscate smuggled goods till June 30, 2014.
According to SRO 42 (l)/2014 issued in this regard, the FBR has delegated the powers of Customs officers under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168, sections 169 and 171 of the Customs Act to all officers of the Pakistan Coast Guard, not below the rank of Junior Commissioned Officer, subject to the laid down conditions.
The purview of the powers will be limited within 20-km of coastline and exclude the city municipal limits, Customs areas, Customs stations, ports, Borders Customs stations, International Airports and Bonded Warehouses, etc; they shall not check any bona fide passenger’s baggage and goods cleared from any Customs area. Pakistan Coast Guard shall exercise due care and ensure that these functions are not used to the detriment of trade, imports and exports and to harass the general public; and the seized goods shall be dealt with under the relevant provisions of the Customs Act, 1969.
Through another SRO 43(l)12014, the board has delegated powers of Customs officers under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168 and sections 169 and 171 of the Customs Act to all officers of the Pakistan Maritime Security Agency not below the rank of Fleet Petty Officer. The section 158 under the Customs Act is related to the power to search on reasonable ground, section 159 (persons to be searched may desire to be taken before gazetted officer of customs or magistrate) and section 160 is related to the power to screen or X-Ray bodies of suspected persons for detecting secreted goods.
The section 161 is related to the power to arrest, section 162 (power to issue search warrant), section 163 is related to the power to search and arrest without warrant and section 164 deals with the power to stop and search conveyances. The section 165 grants power to examine persons, section 166 deals with the power to summon persons to give evidence and produce documents or things, section 167 is related to the person escaping may be afterwards arrested, section 168 deals with the seizure of things liable to confiscation, section 169 is related to the things seized, how to deal with section 171 of the Customs Act is related to the when seizure or arrest is made, reason in writing to be given.
Following is the text of the notification: SRO 42(l)/2014.- In exercise of the powers conferred by subsection (1) of section 6 of the Customs Act, 1969 (IV of the 1969), the Federal Board of Revenue is pleased to entrust functions of officers of Customs under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168, sections 169 and 171 of the said Act to all officers of the Pakistan Coast Guard not below the rank of Junior Commissioned Officer within their respective jurisdiction, subject to the following conditions, namely: (a) The functions shall be limited within twenty kilometers of coast line; the functions shall exclude the city municipal limits, Customs areas, Customs stations, ports, Borders Customs stations, International Airports and Bonded Warehouses, etc; they shall not check any bona fide passenger’s baggage and goods cleared from any Customs area; they shall exercise due care and ensure that these functions are not used to the detriment of trade, imports and exports and to harass the general public; and the seized goods shall be dealt with under the relevant provisions of the Customs Act, 1969 (IV of 1969).
This notification shall remain in force till June 30, 2014. The following is the text of the notification issued: SRO 42(l)/2014: SR.O.43(l)12014.- In exercise of the powers conferred by sub~ section (1) of section 6 of the Customs Act, 1969 (IV of the 1969), the Federal Board of Revenue is pleased to entrust functions of officers of Customs under sections 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, sub-sections (1), (3) and (4) of section 168 and sections 169 and 171 of the said Act to all officers of the Pakistan Maritime Security Agency not below the rank of Fleet Petty Officer within their respective jurisdiction. This notification shall remain in force till June 30, 2014.
