Smuggling by Customs Officers - New Modus Operandi - Board's Instructions on Door-to-door delivery traffic
RESPONDING to DDT's story yesterday on smuggling by Customs Officers in Thiruvananthapuram Air Cargo, a Customs officer mailed to us – “As rightly stated, now a days, with good pay packet, no one needs to go for all this. But will the 'bosses' allow it? The most greedy are the bosses who come with 'targets'. This is not an isolated incident. It is happening everywhere cleared as ‘door to door' baggage after adjudication.
Interestingly Board had issued Circular No. 35/2007 dated 28.09.2007 highlighting this issue. Board had then said,
It is reported that a single passenger arriving into India brings goods said to be belonging to several other persons as his unaccompanied baggage and that clearance of all such goods was being permitted at some of the airports/Customs station without invoking any penal provisions. Colloquially this is referred to as “door-to-door delivery” traffic.
It is reiterated that all the provisions of Customs Act, 1962 and Baggage Rules, 1998 are applicable to unaccompanied baggage as they are applicable to baggage (accompanied), except the free allowance, which is not available for unaccompanied baggage.
Hence, it may be ensured by the officers attending to the clearance of the unaccompanied baggage at all customs stations that “bonafide” nature of the baggage is established before allowing clearance. The exceptions relating to various restrictions as provided in Rule 3 (i) of Foreign Trade (Exemption from application of Rules in certain cases) Order, 1993 in respect of baggage, specified goods including consumer electronic items etc., are part of the facilitation measures available to passenger in respect of his personal effects and hence, the same cannot be allowed to be used as means to circumvent the legal provisions applicable to normal imports. All cases of import of unaccompanied baggage other than in the nature of “bonafide” baggage have to be adjudicated for levy of fines / penalties for violation of the Foreign Trade Policy.