CBIC instructions on submission of Intimation of Arrest Report & Incident Report
The CBIC issued Instruction No. 21/2021-Customs on the submission of the Intimation of Arrest Report and Incident Report on October 5, 2021.
Regarding the guidelines for arrest and bail in relation to offences punishable under the Customs Act, 1962, I am directed to refer to the Board’s Circular No. 38/2013 dated November 17, 2013, read with CBIC Circular No. 28/2015 dated October 23, 2015, and Board’s Instruction No. 19/2018 dated November 22, 2018. “Chief Commissioners/DGRI shall provide a report on every arrest to the appropriate Member within twenty-four (24) hours of the arrest,” according to Circular No. 38/2013 (para 5). 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 following month, and the same would be compiled and sent to the Anti-Smuggling Unit, CBEC, by the 10th of every month zone wise, to maintain an All India record of arrests made under the Customs Act, 1962.”
The format for reporting arrests was defined in Instruction No. 19/2018, dated November 22, 2018. It has been observed that arrest reports are frequently not provided on time or in the format required. In addition, the Member is not informed of the arrests made by the formations (Investigation).
I’ve been told to convey/reiterate this information :
i. Arrest reports must be communicated to the Member in addition to the Zonal Member concerned (Investigation). Furthermore, I am commanded to state again:
ii. By the 5th of the following month, the Chief Commissioner shall send a monthly report of all persons apprehended in the Zone to the Principal Director General/Director General of Revenue Intelligence in the format required.
iii. By the 10th of each month, the Directorate General of Revenue Intelligence (HQ) would collect the monthly reports received from the formations and send a compiled report to the O/o the Commissioner (Investigation-Customs), CBIC.
iv. All arrests made must be reported to the Board in the required format within the time frame.
v. All such reports must be delivered to the Board through e-mail, and the practise of sending paper copies to the Board should be discontinued immediately.
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