Issue of Look Out Circulars

By Vijay Kumar

LOOK Out Circulars (LOC) can be taken by investigating agency in cognizable offences under IPC or other laws, where the accused is deliberately evading arrest or not appearing in the trial court despite Non Bailable Warrants (NBWs) and other coercive measures and there is likelihood of the accused leaving the country to evade trial / arrest.

A person can be intercepted / interrogated/ baggage examined/ searched even in the case of non cognizable offence. The only restriction is that the person can not be detained/ arrested/ prevented from leaving the country.

Now, CBEC feels that it is essential to have a centralized and reliable database of all LOC requests. Therefore, all field formations are directed to route their requests for issuance of LOC, if necessary, through DRI (Hqrs) in cases relating to contravention of the provisions of Customs Act and through DGCEI in cognizable offences under the Central Excise and Service Tax.

However, the practice of opening LOC in a particular Airport for short duration may continue, as in such cases LOC is required to be opened immediately on specific information / inputs.

Board directs that DRI and DGCEI shall maintain a database that can be updated on real time basis whenever such requests are received and circulars are issued thereon.

CBEC Instruction in F. No. 394/193/2015-Cus (AS)., Dated: December 16 2015.