Devices For Track-And-Trace To Be Affixed In Suspected Consignment During Controlled Delivery Operation: CBIC

The Controlled Delivery (Customs) Regulations, 2022 prescribe the manner in which to undertake controlled delivery.

If the proper officer has a reasonable belief that a suspect consignment is being imported into or exported out of India, he must file a report in FORM-I proposing to undertake controlled delivery of the consignment. The report must be presented to the specified authority for approval before undertaking controlled delivery.

The specified authority, after due consideration, may approve the controlled delivery of the suspect consignment and authorise the proper officer to undertake such a controlled delivery.

"Upon receiving the approval of the specified authority to undertake controlled delivery, the proper officer may, if required, affix any mark or install any special investigative tool, including devices for track-and-trace monitoring of the suspect consignment, during the course of the controlled delivery operation, without impacting or tampering with the nature of the said consignment as far as possible," the CBIC notified.

The proper officer may complete the controlled delivery at a time and place where the officer identifies the person reasonably believed to be involved in the commission of an offence or contravention related to the suspect consignment.

The suitable officer may discontinue the controlled delivery at any time, with the agreement of the designated authority, if the proper officer has reasonable grounds to think that there is a serious and imminent threat to the life of the proper officer, the panchas, or any other person.

However, when controlled delivery to a foreign country is undertaken, the specified authority shall give such approval after due consultation with the competent authority of such foreign country, to which the suspect consignment is destined:

Where approval cannot be obtained prior to terminating the controlled delivery, the approval may be obtained immediately afterwards, but not later than seventy-two hours after terminating the said controlled delivery.

Upon completion or termination of the controlled delivery, as the case may be, the proper officer shall submit a report to the specified authority.

Where the suspect consignment is destined for a foreign country, the specified authority shall receive the report under sub-regulation (8). The competent authority must be informed of a foreign country's of such completion or termination, as the case may be.

"The manner of undertaking controlled delivery specified under these regulations shall mutatis mutandis be applicable to any other officer authorised by the proper officer under section 109A of the Act for undertaking such controlled delivery," the notification read.

Notification No. 59/2022-Customs (N.T.)

Dated: 12.07.2022

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