A rationally structured and effective Customs is need of hour: SC
IN the famous Bombay Blast Case Judgement delivered on 21 March 2013, the Supreme Court observed,
The Customs officials primarily have a duty to prevent smuggling and ensure that everything that enters into or goes out of the country is brought or sent strictly in accordance with the provisions of the law for the time being in force. They are entrusted with powers of search and seizure and conduct of on-spot investigations. But when the officer of customs enters into or acquiesces in any agreement to abstain from doing or permits, conceals or connives at any act whereby any fraudulent import is affected, it can have a disastrous effect on country's security.
It is shattering to notice that all grades of customs officers, including the Commissioners of Customs played an active role as members of conspiracy and implemented the plan. Every kind of smuggling activity is devastating to the economy, but the smuggling of dangerous arms and ammunitions causes wreckage not only to the economy but also to people's lives.
The occurrence of Bombay Bomb Blasts brings us to the reality that such incidents take place along the Indian coastline irrespective of the numerous laws and safeguards provided due to the lack of moral ethics and misconduct on the part of the officials.
Custom being a significant source of government revenue, the officers of Customs Department must perform their respective duties honestly and diligently. Any act or omission on their part can have devastating consequences.
The Supreme Court noted the role played by the Customs Officers in pursuance of the conspiracy:
Three Examples:
On 06.01.1993, some customs officers attended a meeting at Hotel Parsian Darbar, Panvel with Mohd. Dossaand other accused, where the Customs Officers agreed to charge Rs. 7 to 8 lacs from Mohd. Dossa group for each landing.
A Customs officer played an important role in negotiations with Police Officers and seven Constables when they intercepted the convoy carrying smuggled contraband on 09.01.1993. He even permitted an accused to drive a customs jeep when they went for negotiations.
A Customs officer deliberately kept a ‘nakabandi' at the wrong place i.e. Puranphata and Dehanphata leaving one route open for the accused persons to carry the smuggled arms and explosives without any check.
The Supreme Court further observed,
It will not be an overstatement to state that if not for the help of the customs officials, they would not be in a position to smuggle the weapons required for the said blasts. A rationally structured and effective customs department is the need of the hour in order to curtail illegal imports which can have frightening ramifications upon the nation's economy and citizens' security. Corruption among public servants indicates a failure of our system where pursuit of personal gratification subdues public interest.