LAHORE: Following a long scuffle between Customs Department and Federal Investigations Agency (FIA) over jurisdiction of FIA in Customs cases, the agency’s office of the Directorate, Punjab Zone has issued pre-requisite for its officers to undertake raid under Customs Act, 1969.
According to the letter issued by the FIA Punjab Zone office in light of the judgment of honorable High Court Lahore and Supreme Court of Pakistan it is crystal clear that FIA has manifestly jurisdiction to conduct raids and investigate matter pertaining to the Customs Act 1969.
The letter, available with Customs Today, containing pre-requisites for the raids under Customs Act for FIA officials explained that before conducting a raid, coordination is required with Customs authorities a can conduct raid under the powers give in section 3 and 5 of FIA Act.
It was elucidated that if a raid to be conducted on a godown or shop, search warrant is essential and notice under section 171 of customs Act, is to be served to the accused at the spot which is mandatory.
It was said that notice under section 5 of FIA Act will be served to the accused and if any customs officer found involved, Prevention of Customs Act, 1947 will be incorporated along with Customs Act, 1969.
The goods seized by FIA will be deposited to the State warehouse of Customs and seizure report will be submitted with the Adjudication Officer of Customs within 60 days from the date of seizure.
The FIA Directorate of Punjab Zone further stated that two separate challans will be submitted if the case has been made under Customs Act and Anti- Corruption Act.
The guidelines have been issued following FIA Assistant Director Asif Ali Mian conducted a raid and seized a huge quantity of smuggled articles from a container coming from Quetta and subsequently from a godown at Misri Shah, Lahore.
According to the FIA, the accused person filed a constitutional petition with Lahore High Court, challenging jurisdiction of the agency in Customs cases and the case was decided in favor of the agency.
