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| Home > Indian Bare Acts > CUSTOMS ACT, 1962 > CHAPTER XIII SEARCHES, SEIZURE AND ARREST |
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| CUSTOMS ACT, 1962 |
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Title : CUSTOMS ACT, 1962
Year : 1962
Act : CHAPTER XIII SEARCHES, SEIZURE AND ARREST
100.
Power to search suspected persons entering or leaving India, etc.
100. Power to search suspected persons entering or leaving India, etc. (1) If the proper officer has reason to believe that any person to whom this section applies has secreted about his person, any goods liable to confiscation or any documents relating thereto, he may search that person.
(2) This section applies to the following persons, namely:-
(a) any person who has landed from or is about to board or
is on board any vessel within the Indian customs waters';
(b) any person who has landed from or is about to ,board,
or is on board a foreign-going aircraft ;
(c) any person who has got out of, or is about to get
into, or is in, a vehicle, which has arrived from, or is to
proceed to any place outside India ;
(d) any person not included in clause (a), (b) or (c) who
has entered or is about to leave India ;
(e) any person in a customs area.
101.
Power to search suspected persons in certain other cases.
101.Power to search suspected persons in certain other cases. (1) Without prejudice to the provisions of section 100, if an officer of customs empowered in this behalf by general or special
1214
order of the 2[Commissiner of Customs,] has reason to believe that any person has secreted about his person any goods of the description specified in sub-section (2) which are liable to confiscation, or documents relating thereto, he may search that person.
(2) The goods referred to in sub-section (1) are the following
:-
(a) gold ;
(b) diamonds;
(c) manufactures of gold or diamonds ;
(d) watches ;
(e) any other class of goods which the Central Government
may, by notification in the Official Gazette, specify.
102.
Persons to be searched may require to be taken before gazetted officerof customs or magistrate.
102.Persons to be searched may require to be taken before gazetted officer of customs or magistrate. (1) When any officer of customs is about to search any person under the provisions of section
100 or section 101, the officer of customs shall, if such person so requires, take him without unnecessary delay to the nearest gazetted officer of customs or magistrate.
(2) If such requisition is made, the officer of customs may detain the person making it until he can bring him before the gazetted officer of customs or the magistrate.
(3) The gazetted officer of customs or the magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.
(4) Before making a search under the provisions of section 100 or section 101, the officer of customs shall call upon two or more persons to attend and witness the search and may issue an order in writing to them or any of them so to do ; and the search shall be made in the presence of such persons and a list of all things seized in the course of such search shall be prepared by such officer or other person and signed by such witnesses.
(5) No female shall be searched by any one excepting a female.
103.
Power to screen or X-ray bodies of suspected persons for detectingsecreted good.
103. Power to screen or X-ray bodies of suspected persons for detecting secreted good. (1) Where the proper officer has reason to believe that any person referred to in sub-section (2) of section 100 has any goods liable to confiscation secreted inside his body. he may detain such person and produce him without unnecessary delay before the nearest magistrate.
(2) A magistrate before whom any person is brought under sub- section (1) shall, if he sees no reasonable ground for believing that
1215
such person has any such goods secreted inside his body, forthwith discharge such person.
(3) Where any such magistrate has reasonable ground for believ- ing that such person has any such goods secreted inside his body and the magistrate is satisfied that for the purpose of discovering such goods it is necessary to have the body of such person screened or X- rayed, he may make an order to that effect.
(4) Where a magistrate has made any order under sub-section (3), in relation to any person, the proper officer shall, as soon as practicable, take such person before a radiologist possessing quali- fications recognized by the Central Government for the purpose of this section, and such person shall allow the radiologist to screen or X- ray his body.
(5) A radiologist before whom any person is brought under sub- section (4) shall, after screening or X,-raying the body of such person, forward his report, together with any X-ray pictures taken by him, to the magistrate without unnecessary delay.
(6) Where on receipt of a report from a radiologist under sub-section
(5) or otherwise, the magistrate is satisfied that any person has any goods liable to confiscation secreted ins-de his body, he may direct that suitable action for bringing out such goods be taken on the advice and under the supervision of a registered medical practitioner and such person shall be bound to comply with such direction:
Provided that in the case of a female no such action shall be taken except on the advice and under the supervision of a female registered medical practitioner.
(7) Where any person is brought before a magistrate under this section, such magistrate may for the purpose of enforcing the pro- visions of this section order such person to be kept in such custody and for such period as he may direct.
(8) Nothing in this section shall apply to any person referred to in sub section (1), who admits that goods liable to confiscation are secreted inside his body, and who voluntarily submits himself for suitable action being taken for bringing out such goods.
Explanation.-For the purposes of this section, the expression it registered medical practitioner " means any person who holds a qualification granted by an authority specified in the Schedule to the Indian Medical Degrees Act, 1916, (7 of 1916.) or notified under section 3 of that Act. or by an authority specified in any of the Schedules to the Indian Medical Council Act, 1956. (102 of 1956.)
1216
104.
Power to arrest.
104. Power to arrest. (1) If an officer of customs empowered in this behalf by general or special order of the 1[Commissiner of Custo- ms] has reason to believe that any person in India or within the Indian customs waters has been guilty of an offence punishable under section
135, he I may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest.
(2)Every person arrested under sub-section (1) shall, without unnecessary delay, he taken to a magistrate.
(3)Where an officer of customs has arrested any person under sub- section (1), he shall, for the purpose of releasing such person on bail or otherwise, have the same powers and be subject to the same provisions as the officer-in-charge of a police-station has and is subject to under the Code of Criminal Procedure, 1898 (5 of 1898).
(4)Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898) an offence under this Act shall not be c- ognizable.
105.
Power to search premises.
105.Power to search premises. (1) If the 2[Assistant Commissiner of Customs,] or in any area adjoining the land frontier or the coast of India an officer of customs specially empowered by name in this behalf by the Board, has reason to believe that any goods liable to confiscation, or any documents or things which in his opinion will be useful for or relevant to any proceeding under this Act, are secreted in any place, he may authorise any officer of customs to search or may himself search for sue goods, documents or things.
(2)The provisions of the Code of Criminal Procedure, 1898, (5 of
1898) relating to searches shall, so far as maybe, apply to searches under this section subject to the modification that sub-section (5) of section 165 of the said Code shall have effect as if for the word
"Magistrate", wherever it occurs, the words 3[Commissiner of Customs] were substituted.
106.
Power to stop and search conveyances.
106.Power to stop and search conveyances. (1) Where the proper officer has reason to believe that any aircraft, vehicle or animal in India or any vessel in India or within the Indian customs waters has been, is being, or is about to be, used in the smuggling of any goods or in the carriage of any goods which have been smuggled, he may at any time stop any such vehicle, animal or vessel or, in the case of an aircraft, compel it to land, and-
(a) rummage and search any part of the aircraft, vehicle or
vessel ;
(b) examine and search any goods in the aircraft, vehicle
or vessel or on the animal;
1217
(c) break open the lock of any door or package for
exercising the powers conferred by clauses (a) and (b), if
the keys are withheld.
(2) Where for the purposes of sub-section (1)-
(a) it becomes necessary to stop any vessel or compel any
aircraft to land, it shall be lawful for any vessel or
aircraft in the service of the Government while flying her
proper flag and any authority authorised in this behalf by
the Central Government to summon such vessel to stop or the
aircraft to land, by means of an international signal code or
other recognized means, and thereupon such vessel shall
forthwith stop or such aircraft shall forthwith land and if
it falls to do so, chase may be given thereto by any vessel
or aircraft as aforesaid and if after a gun is fired as a
signal the vessel fails to stop or the aircraft fails to
land, it may be fired upon ;
(b) it becomes necessary to stop any vehicle or animal, the
proper officer may use all lawful means for stopping it, and
where such means fail, the vehicle or animal may be fired
upon.
106A
Power to inspect. 1[106A. Power to inspect. Any proper officer authorised in thisbehalf by the 2[Commissiner of Customs] may, for the purpose ofascertaining whether or not the requiremen
107.
Power to examine persons.
107.Power to examine persons. Any officer of customs empowered in this behalf by general or special order of the [Commissiner of Customs] may, during the course of any enquiry in connection with the smuggling of any goods,-
(a) require any person to produce or deliver any document
or thing relevant to the enquiry ;
(b) examine any person acquainted with the facts and
circumstances of the case.
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1 Ins. by Act 12 of 1969, s.3 (w.e.f. 3-1-1969).
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1218
108.
Power to summon persons to give evidence and produce documents.
108.Power to summon persons to give evidence and produce documents. (1) Any gazetted officer of customs shall have power to summon any person whose attendance he considers necessary either to give evidence or to produce a document or any other thing in any inquiry which such officer is making in connection with the smuggling of any goods.
(2) A summons to produce documents or other things may be for the production of certain specified documents or things or for the production of all documents or things of a certain description in the possession or under the control of the person summoned.
(3) All persons so summoned shall be bound to attend either in person or by an authorised agent, as such officer may direct ; and all persons so summoned shall be bound to state the truth upon any subject respecting which they are examined or make statements and produce such documents and other things as may be required:
Provided that the exemption under section 132 of the Code of Civil Procedure, 1908 (5 of 1908), shall be applicable to any requisi- tion for attendance under this section.
(4) Every such inquiry as aforesaid shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).
109.
Power to require production of order permitting clearance of goodsimported by land.
109. Power to require production of order permitting clearance of goods imported by land. Any officer of customs appointed for any area adjoining the land frontier of India and empowered in this behalf by general or special order of the Board,may require any person in possession of any goods which such officer has reason to believe to have been, imported into India by land, to produce the order made under section 47 permitting clearance of the goods;
provided that nothing in this section shall apply to any imported goods passing from a land 'frontier to a land customs station by a route appointed under clause (c) of section 7.
110.
Seizure of goods documents and things.
110.Seizure of goods documents and things. (1) If the proper has reason to believe that any goods are liable to confiscation under this Act, he may seize such goods :
Provided that where it is not practicable to seize any such goods, the proper officer may serve on the owner of the goods an order that he shall not remove, part with, or otherwise deal with the goods except with the previous permission of such officer.
(1A) The Central Government may, Having regard to the perishable or hazardous nature of any goods, depreciation in the value of the goods with the passage of time, constraints of storage space for the goods or any other relevant considerations, by notification in the Official Gazette, specify the goods or class of goods which shall, as soon as may be after its seizure under sub-section (1), be disposed of by the proper officer in such manner as the Central Government may, from time to time, determine after following the procedure hereinafter specified.
(1B) Where any goods, being goods specified under sub-section
(1A), have been seized by a proper officer under sub-section (1), he shall prepare an inventory of such goods containing such details relating to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper officer may consider relevant to the identity of the goods in any proceeding under, this Act and shall make an application to a Magistrate for the purpose of-
(a) certifying the correctness of the inventory so
prepared; or
(b) taking, in the presence of the Magistrate, photographs
of such goods, and certifying such photographs as true; or
(c)allowing to draw representative samples of such goods, in
the presence of the Magistrate, and certifying the
correctness of any list of samples so drawn.
(1C) Where an application is made under sub-section (lB), the Magistrate shall, as soon as may be, allow the application.]
(2) Where any goods are seized under sub-section (1) and no notice in respect thereof is given under clause (a) of section 124 within six months of the seizure of the goods, the goods shall be returned to the person from whose possession they were seized:
----------------------------------------------------------------------
1. Ins. by Act 80 of 1985, s.8.
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1219
Provided that the aforesaid period of six months may, on sufficient cause being shown, be extended by the [Commissiner of Cust- oms] for a period not exceeding six months.
(3) The proper officer may seize any documents or things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act.
(4) The person from whose custody any documents are seized under sub-section (3) shall be entitled to make copies thereof or take extracts therefrom in the presence of an officer of customs.
Last updated on February, 2008
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