Preventive detention of smugglers

#Preventive #detention #smugglers

The World Customs Organization (WCO) theme for International Customs Day 2025, “Customs Delivering Efficiency, Security and Prosperity”, recognizes the indispensable role of customs organizations in promoting global trade while ensuring security and economic growth. does This year’s theme is Better Customs to Promote Economic Growth by Facilitating Trade (Efficiency), Preventing Illegal Activities and Protecting Borders (Security), and Promoting Smooth and Fair Trade Flows (Prosperity). A must for a car. Security in customs operations is the foundation of safe and reliable trade, ensuring goods do not fall into the hands of smugglers, counterfeiters, or dangerous goods traffickers. Pakistan Customs uses sophisticated threat assessment systems, rigorous physical inspections and intelligence sharing networks at seaports, border stations and airports to protect national borders. However, smuggling continues through unknown routes along the international borders of Iran and Afghanistan. To curb smuggling, the FBR, as part of its transformation plan, has formulated a robust anti-smuggling strategy focusing on strengthening inland check posts. As a result, the flow of smuggled goods from Balochistan to other parts of the country has been effectively stopped and the volume of smuggling has been significantly reduced during the current financial year. FBR’s anti-trafficking efforts can be taken up a notch with the imposition of preventive detention for traffickers. This unconventional initiative will act as a powerful deterrent, offering a cost-effective means of curbing the harmful activities of habitual traffickers.

The Prevention of Trafficking Act, 1977, in its Chapter 2 sets out provisions relating to preventive detention, which empowers both the federal and provincial governments to detain a person if they suspect that person to be involved in trafficking. There is a possibility of An arrest warrant is passed in writing by the federal/provincial government and is directed to a police officer or other person authorized to arrest a suspect. If a police officer receives substantiated information that a person, subject to an arrest and detention order, is in their jurisdiction, the officer may arrest the person without a warrant. Thereafter the arrested person shall be detained as described in sub-section (5) of section 3. Alternatively, if requested by a police officer or other person to whom a detention order has been issued, the person arrested shall be given into the custody of that police officer or person for the execution of the order.

To ensure that preventive detention is consistent with the right to fair trial and due process under Article 10-A of the Constitution and to protect every person against arbitrary arrest or detention under Article 10 of the Constitution. Therefore, PSA 1977 has stipulated Procedure of preventive detention under Article 10 of the Constitution. For example, the PSA requires the government to provide the detainee with the grounds for their detention within fifteen (15) days, pursuant to Article 10(5) of the Constitution, Section 3(6). It also gives the detainee the right to make representations against a detention order under section 3(6), and, pursuant to article 10, on a detention order by an independent review board under section 5 of the PSA. Provides for revision 4) of the Constitution.

The Customs Act, 1969 and the Prevention of Smuggling Act, 1977 need to be harmonized and harmonized to ensure consistency between the two laws. Firstly, section 2(1) of the Prevention of Smuggling Act, 1977 may be amended by deleting the definition of smuggling under clause (f), but in Chapter II, relating only to the carriage of goods from Pakistan. is This change will enable the provisions of Chapter II to apply to all types of smuggling, whether the goods are taken out of or brought into Pakistan. Secondly, powers of preventive detention under Chapter II of the Prevention of Smuggling Act, 1977 need to be delegated to the Collector Customs Enforcement in their respective jurisdictions by amending Section 7 of the Act ibid. This delegation of powers by the Federal Government to Field Officers (Collectors Enforcement) will enable the instrument of preventive detention and is expected to create a credible deterrence against traffickers.

Article 10(4) of the Constitution provides that “acts prejudicial to the integrity, security or defense of Pakistan or any part thereof, or to the external affairs of Pakistan, or to public order, or to the maintenance of supplies or services. To do”. Can be taken into preventive detention. Section 5(4) of the Prevention of Smuggling Act, 1977 makes smuggling an anti-national activity under clause (7) of Article 10 of the 1973 Constitution. The implication is clear: the preventive detention of suspected traffickers can last for more than 12 months.

Preventive detention is an extraordinary measure used in emergency situations when conventional law enforcement mechanisms are deemed insufficient to thwart the nefarious activities of traffickers. The powers of preventive detention are given to the Deputy Commissioners of the districts under the Maintenance of Public Order Ordinance 1960 of the respective provinces. These powers are exercised by DCs in exceptional circumstances. Interestingly, Section 3 (ii) of the Punjab Maintenance of Public Order Ordinance 1960 defines smuggling as an act prejudicial to the maintenance of public order, thus the Deputy Commissioners of Districts under Section 3 of the MPO Ordinance 1960 Under Section 3, the authority to detain suspected smugglers has been given. Crime of Smuggling The anomaly in the present scheme of laws is clearly peculiar: the Deputy Commissioner of the district, an officer of BS-18/19, can detain a suspect for three months for various offenses including smuggling but Collector Customs Enforcement (BS-20 of Pakistan Customs) – the country’s premier anti-smuggling agency – cannot detain such suspected smugglers.

The Protection of Foreign Exchange and Prevention of Smuggling Act 1974 in India (COFEPOSA Act) is similar to the Prevention of Smuggling Act 1977 in Pakistan. Unlike PSA, 1977 in Pakistan, the COFEPOSA Act is fully functional and up-to-date. The KOFIPOSA Act empowers both the Central and State Governments in India to detain any person, including a foreigner, if it is satisfied that it is necessary to prevent him from smuggling goods, or encouraging the smuggling of goods; or it is necessary to do so in order to prevent its involvement. Transporting or concealing or possessing smuggled goods or harboring or encouraging persons engaged in the smuggling of goods Smuggling of goods.

The main legislation governing preventive detention in Bangladesh is the Special Powers Act, 1974. District Magistrates and Additional District Magistrates are empowered under Section 3(2) of the Special Powers Act, 1974 to pass orders of detention on various grounds including measures affecting maintenance. goods and services essential to the community or affecting the economic or financial interests of the State;

Preventive detention acts as a powerful deterrent to traffickers by limiting their movement across the country. The threat of arrest discourages traffickers from engaging in illegal activities because of the immediate consequences. This ensures seamless enforcement as the detaining authority can issue a detention order and entrust its execution to Customs, police or any other competent officer. The custodial process generally bypasses the delays associated with traditional criminal proceedings. Unlike lengthy criminal cases entangled in complex litigation, preventive detention provides a faster, more cost-effective alternative. This eliminates the need for formal trials, making it a more effective solution to combating trafficking. Pretrial detention tightens the grip on addicted traffickers, giving them fewer avenues to escape the justice system. Due to its harsh nature, traffickers are unlikely to get relief from the courts, which can ensure their long detention. Given the limited resources of Pakistan Customs, preventive detention is a resource-efficient measure. Once the detention order is handed over to the Collector of Customs Enforcement concerned, it can be executed by police officers who have a countrywide presence, thereby relieving some of the operational burden on the Customs authorities. .

The writer is working as Additional Collector Customs.